LIBRARY 


UNIVERSITY  OF  CALIFORNIA 


GIFT  OF 


, 


THE  GENERAL  SCHOOL  LAWS 


OF  THE 


State  of  North  Dakota 


COMPRISING  ALL  THE  LAWS  IN  FORCE 

Pertaining  to  Public  Schools,  State  Educational  Institutions, 

School  Lands  and  Public  Lands  Appropriated  to  the 

Use  of  the  State  Educational  Institutions,  with 

APPEN  DICES 


COMPILED   AT  THE   OFFICE   OF   THE 

SUPERINTENDENT  OP  PUBLIC  INSTRUCTION 
June,  1901. 


PUBLISHED     BY     AUTHORITY 


BISMARCK,    N.    D.: 
PRESS   OF   THE   TRIBUNE 

1901. 


THIS  VOLUME  IS  STATE  PROPERTY 

And  is  for  the  use  of 

of School  District  No 

County  of . .  ,  State  of  North  Dakota. 


School  officers  on  retiring  from  office  are  required  by  law  to 
deliver  this  volume,  with  all  other  books  and  documents  of  an 
official  character,  to  thedr  successors  in  office. 


INTRODUCTORY. 


Tliis  compilation  of  the  General  School  Laws  is  authorized  by 
section  631  of  the  Revised  Codes  of  1899,  and  is  designed  to  in- 
clude all  provisions  relating  to  education  at  present  in  force 
which  make  the  laws  governing  the  complete  school  system  of 
the  state.  It  embraces  the  laws  pertaining  to  the  public  schools, 
the  state  educational  institutions,  and  the  lands  appropriated  to 
the  use  of  the  public  schools  and  the  state  educational  institu- 
tions. 

The  compilation  contains  all  general  laws  in  full  as  appear  in 
the  code,  amended  or  extended  by  the  legislative  assembly  of  1901. 
Special  acts  are  referred  to  by  title  only. 

Special  laws,  designated  by  title  only,  laws  pertaining  to  specu- 
lation in  office  and  to  penalty  for  failure  to  make  reports,  the 
filing  of  'bond  of  school  district  treasurer,  bonds  for  labor  and 
material  for  public  buildings  and  the  decisions  of  the  supreme 
court  of  the  territory  of  Dakota  and  of  the  state  of  North  Dakota 
pertaining  to  .school  matters  are  to  be  found  in  the  appendices. 

A  calendar  will  also  be  found  in  the  appendices  which  may  be 
of  assistance  to  school  officers  in  the  timely  discharge  of  their 
duties. 

J.  M.  DEVINE, 
Superintendent  of  Public  Instruction. 

Bismarck,  X.  D.,  June  1,  1901. 


CONSTITUTIONAL  PROVISIONS. 

[Adopted  October  1,  1889.] 


PREAMBLE. 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  estab- 
lish this  Constitution. 

ARTICLE  II. 

THE    LEGISLATIVE    DEPARTMENT. 

Sec.  69.  The  legislative  assembly  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases,  that  is  to 

say: 

*  *  *  *  *  * 

12.     Providing  for  the  management  of  common  schools. 
ARTICLE  ITL 

EXECUTIVE    DEPARTMENT. 

Sec.  82.  There  shall  be  chosen  (by  the  qualified  electors  of  the 
state  at  the  time  and  places  of  choosing  members  of  the  legisla- 
tive assembly  a  superintendent  of  'public  in- 
struction who  shall  have  attained  the  age  of 
twenty-five  years,  shall  be  a  citizen  of  the  United  States,  and 
shall  have  the  qualifications  of  state  electors.  They  shall  sever- 
ally hold  their  offices  at  the  seat  oif  government  for  the  term  of 

two  years  and  until  their  successors  are  elected  and  duly  qualified. 
*        *        * 

Sec.  83.     The  powers  and  duties  of  the  *         superin- 

tendent of  public  instruction,  shall  be  as  pre- 

scribed by  law. 

Sec.  84.     Until  otherwise  provided  by  law,  the 
superintendent   of   public   instruction  shall  each 

receive  an  annual  salary  of  f 2,000;  *  *  but  the  salary 
of  any  of  said  officers  shall  not  be  increased  or  diminished  during 
the  period  for  which  they  shall  have  'been  elected,  and  all  fees 
and  profits  arising  from  any  of  the  said  offices  shall  be  covered 
into  the  state  treasury. 


GENERAL  SCHOOL   LAWS, 


ARTICLE  V. 

ELECTIVE    FRANCHISE. 

(Sec.  121.  Every  male  person  of  the  age  of  twenty-one  years  or 
upwards  belonging  to  either  of  the  following  classes,  who  shall 
have  resided  in  the  state  one  year,  in  the  county  six  months  and 
in  the  precinct  ninety  days  next  preceding  any  election,  shall  be 
deemed  a  qualified  elector  at  such  election. 

First — Citizens  of  the  United  States. 

Second — Persons  oif  foreign  birth  who  shall  have  declared  their 
intention  to  become  citizens  one  year  and  not  more  than  six  years 
prior  to  such  election,  conformably  to  the  naturalization  laws  of 
the  United  States. 

Third — Civilized  persons  of  Indian  descent  who  shall  have  sev- 
ered their  tribal  relation  two  years  next  preceding  such  election. 

Sec.  123.  Electors  shall  in  all  cases  except  treason,  felony, 
breach  of  the  peace  or  illegal  voting,  be  privileged  from  arrest  on 
the  days  of  election  during  their  attendance  at,  going  to  and 
returning  from  such  election,  and  no  elector  shall  be  obliged  to 
perform  military  duty  on  the  day  of  election  except  in  time  of 
war  or  puiblic  danger. 

Sec.  125.  iNo  elector  shall  be  deemed  to  have  lost  his  residence 
in  this  state  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

Sec.  120.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  foe  deemed  a  resident  of  this  state  in  con- 
sequence of  his  being  stationed  therein. 

Sec.  127.  No  person  who  is  under  guardianship,  non  compos 
mentis  or  insane,  shall  be  qualified  to  vote  ait  any  election,  nor 
shall  any  person  convicted  of  treason  or  felony,  unless  restored 
TO  civil  rights. 

iSec.  128.  Any  woman  having  qualifications  enumerated  in 
sectiom  121  of  this  article  as  to  age,  residence  and  citizenship, 
and  including  those  now  qualified  by  the  laws  of  the  territory, 
may  vote  for  all  school  officers,  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any  school  office. 

iSec.  129.  All  elections  by  the  ipeople  shall  be  by  secret  ballot 
subject  to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

iSec.  147.  A  high  degree  of  intelligence,  patriotism,  integrity 
and  morality  on  the  part  of  every  voter  in  a  government  by  the 


STATE  OF  NORTH  DAKOTA. 


people  being  necessary  in  order  to  insure  the  continuance  of  that 
government  and  the  prosperity  and  happiness  of  the  people,  the 
legislative  assembly  shall  make  provision  for  the  establishment 
and  maintenance  of  a  system  of  public  schools  which  shall  be 
open  to  all  children  of  the  state  of  North  Dakota  and  free  from 
sectarian  control.  The  legislative  requirements  shall  be  irre- 
vocable without  the  consent  of  the  United  States  and  the  people 
of  North  Dakota. 

Sec.  148.  The  legislative  assembly  shall  provide  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution  for  a  uniform  system 
of  free  public  schools  throughout  the  state:  beginning  with  the 
primary  and  extending  through  all  grades  up  to  and  including  the 
normal  and  collegiate  course. 

Sec.  149.  In  all  schools  instruction  shall  be  given  as  far  as 
practicable  in  those  branches  of  knowledge  that  tend  to  impress 
upon  the  mind  the  vital  importance  of  truthfulness,  temperance, 
purity,  public  spirit,  and  respect  for  honest  labor  of  every  kind. 

Sec.  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

Sec.  151.  The  legislative  assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable 
degree  of  uniformity  in  course  of  study  and  to  promote  industrial, 
scientific  and  agricultural  improvement. 

Sec.  152.  All  colleges,  universities  and  other  educational  insti- 
tutions, for  the  support  of  which  lands  have  been  granted  to  this 
state,  or  which  are  supported  by  a  public  tax,  shall  remain  under 
the  absolute  and  exclusive  control  of  the  state.  Xo  money  raised 
for  the  support  of  the  public  schools  of  the  state  shall  be  appro- 
priated to  or  used  for  the  support  of  any  sectarian  school. 


ARTICLE  IX. 

SCHOOL  AND  PUBLIC  LANDS. 

Sec.  153.  All  proceeds  of  the  public  lands  that  have  heretofore 
been  or  may  hereafter  be  granted  toy  the  United  States  for  the 
support  of  the  common  schools  in  this  state;  all  such  per  centum 
as  may  be  granted  by  the  United  States  on  the  sale  of  public 
lands;  the  proceeds  of  property  that  shall  fall  to  the  state  by 
escheat;  the  proceeds  of  all  gifts  and  donations  to  the  state  for 
common  schools,  or  not  otherwise  appropriated  by  the  terms  of 
the  gift,  and  all  other  property  otherwise  acquired  for  common 
schools,  shall  be  and  remain  a  perpetual  fund  for  the  mainte- 
nance of  the  common  schools  of  the  state.  It  shall  be  deemed  a 
tiust  fund,  the  principal  of  which  shall  forever  remain  inviolate, 


10  GENERAL  SCHOOL  LAWS, 

and  may  be  increased  but  never  diminished.     The  state  shall 
make  good  all  losses  thereof. 

Sec.  154.  The  interest  and  income  of  this  fund,  together  with 
the  net  proceeds  of  all  fines  for  violation  of  state  laws,  and  all 
other  sums  which  may  be  added  thereto  by  law,  shall  be  faith- 
fully used  and  applied  each  year  for  the  benefit  of  the  common 
schools  of  the  state,  and  shall  be  for  this  purpose  apportioned 
among  and  between  all  the  several  common  school  corporations 
of  the  state  in  proportion  to  the  number  of  children  in  each  of 
school  age,  as  may  be  fixed  by  law,  and  no  part  of  the  fund  shall 
ever  be  diverted  even  temporarily  from  this  purpose,  or  used  for 
any  other  purpose  whatever  than  the  maintenance  of  common 
schools  for  the  equal  benefit  of  all  the  people  of  the  state;  pro- 
vided, howrever,  that  if  any  portion  oif  the  interest  or  income 
aforesaid  be  not  expended  during  any  year,  said  portion  shall  be 
added  to  and  become  a  part  of  the  school  fund. 

Sec.  155.  After  one  year  from  the  assembling  of  the  first  leg- 
islative assembly,  the  lands  granted  to  the  state  from  the  United 
States  for  the  support  of  the  common  schools,  may  be  sold  upon 
the  following  conditions,  and  no  other:  No  more  than  one-fourth 
of  all  such  lands  shall  'be  sold  within  the  first  five  years  after  the 
same  'become  saleable  by  virtue  of  this  section.  No  more 
than  one^half  of  the  remainder  within  ten  years  after  the  same 
become  saleable  as  aforesaid.  The  residue  may  be  sold  at  any 
time  after  the  expiration  of  said  ten  years.  The  legislative  as- 
semibly  shall  provide  for  the  sale  of  all  school  lands  subject  to 
the  provisions  of  this  article.  The  coal  lands  of  the  state  shall 
never  be  sold,  but  the  legislative  assembly  may  by  general  laws 
provide  for  leasing  of  the  same;  the  words  "coal  lands"  shall  in- 
clude lands  'bearing  lignite  coal. 

Sec.  156.  The  superintendent  of  public  instruction,  governor, 
attorney  general,  secretary  of  state  and  state  auditor  shall  con- 
stitute a  board  of  commissioners,  which  shall  'be  dominated  the 
"Board  of  University  and  School  Lands,"  and  subject  to  the  pro- 
visions of  this  article  and  any  law  that  may  be  passed  by  the 
legislative  assembly,  said  board  shall  have  control  of  the  ap- 
praisement, sale,  rental  and  disposal  of  all  school  and  university 
lands,  and  shall  direct  the  investment  of  the  funds  arising  there- 
from in  the  hands  of  the  state  treasurer,  under  the  limitations 
m  section  160  of  this  article. 

Sec.  157.  The  county  superintendent  of  common  schools,  the 
chairman  of  the  county  board  and  the  county  auditor  shall  con- 
stitute boards  of  appraisal,  and  under  the  authority'  of  the  state 
board  of  university  -and  school  lands  shall  appraise  all  school 
lands  within  their  respective  counties,  which  they  may  from  time 
to  time  recommend  for  sale  at  their  actual  value,  under  the  pre- 


STATE   OF  NORTH  DAKOTA. 


scribed  terms,  and  shall  first  select  and  designate  for  sale  the 
most  valuable  lands. 

Sec.  158.  No  lands  shall  be  sold  for  less  than  the  appraised 
value,  and  in  no  case  for  less  than  ten  dollars  per  acre.  The 
purchaser  shall  pay  one-fifth  of  the  price  in  cash,  and  the  remain- 
ing four-fifths  as  follows:  One-fifth  in  five  years,  one-lfifth  in  ten 
years,  one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with 
interest  at  the  rate  of  not  less  than  six  per  centum,  payaible  an- 
nually in  advance.  All  sales  shall  be  held  at  the  county  seat  of 
the  county  in  which  the  land  to  be  sold  is  situate,  and  shall  be 
at  public  auction,  and  to  the  highest  bidder,  after  sixty  daysy 
advertisement  of  the  same  in  a  newspaper  of  general  circulation 
in  the  vicinity  of  the  lands  to  be  sold,  and  one  at  the  seat  of  gov- 
ernment. Such  lands  as  shall  not  have  been  specially  subdi- 
vided shall  be  offered  in  tracts  of  one-quarter  section,  and  those 
so  subdivided  in  the  smallest  subdivisions.  All  lands  designated 
for  sale  and  not  sold  within  two  years  after  appraisal  shall  be 
reappraised  before  they  are  sold.  No  grant  or  patent  for  any 
such  lands  shall  issue  until  payment  is  made  for  the  same;  pro- 
vided, that  the  lands  contracted  to  'be  sold  by  the  state  shall  be 
subject  to  taxation  from  the  date  of  such  contract.  In  case  the 
Taxes  assessed  against  any  of  said  lands  for  any  year  remain  un^ 
paid  until  the  first  Monday  in  Octo-ber  of  the  following  year,  then 
and  thereupon  the  contract  for  sale  of  such  lands  shall  become 
null  and  void. 

Sec.  159.  All  lands,  money  or  other  property,  donated,  granted 
or  received  from  the  United  States  or  any  other  source  for  a  uni- 
versity, school  of  mines,  reform  school,  agricultural  college,  deaf 
and  dumb  asylum,  normal  school,  or  other  educational  or  chari- 
table institution  or  purpose,  and  the  proceeds  of  all  such  lands 
and  other  property  so  received  from  any  source,  shall  be  and  re- 
•main  (perpetual  funds,  the  interest  and  income  of  which  to^ 
gether  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific  ob- 
jects of  the  original  grants  or  gifts.  The  principal  of  every  such 
fund  may  be  increased  but  shall  never  be  diminished,  and  the 
interest  and  income  only  shall  be  used.  Every  such  fund  shall 
be  deemed  a  trust  fund  held  by  the  state,  and  the  state  shall 
make  good  all  losises  thereof. 

Sec.  160.  All  lands  mentioned  in  the  preceding  section  shall 
be  appraised  and  sold  in  the  same  manner  and  under  the  same 
limitations  and  subject  to  all  the  conditions  as  to  price  and  sale 
as  provided  above  for  the  appraisal  and  sale  o>f  lands  for  the  bene- 
fit of  common  .schools;  but  a  distinct  and  separate  account  shall 
be  kept  by  the  proper  officers  of  each  of  said  funds;  provided, 
that  the  limitations  as  to  the  time  in  which  school  lands  may  be 


GENERAL  SCHOOL   LAWS, 


sold  shall  apply  only  to  lands  granted  for  the  support  of  common 
schools. 

Sec.  161.  The  legislative  assembly  shall  have  authority  to  pro- 
vide 'by  law  for  the  leasing  of  lands  granted  to  the  state  for  edu- 
cational and  charitable  purposes;  but  no  such  law  shall  authorize 
Ihe  leasing  of  said  lands  for  a  longer  period  than  five  years.  Said 
/ands  shall  only  be  leased  for  pasturage  arid  'meadow  purposes. 
and  at  a  public  auction  aifter  notice  as  heretofore  provided  in  case 
of  sale;  provided,  that  all  of  said  school  lands  now  under  culti- 
vation may  be  leased  at  the  discretion  and  under  the  control  of 
the  board  of  university  and  school  lands  for  other  than  pastur- 
age and  meadow  purposes  until  sold.  All  rents  shall  be  paid  in 
advance. 

Sec.  162.  The  moneys  of  the  permanent  school  fund  and  other 
educational  funds  shall  be  invested  only  in  'bonds  of  school  cor- 
porations within  the  state,  bonds  of  the  United  States,  bonds  of 
the  state  of  North  Dakota,  or  in  first  mort  gages  on  farm  lands  in 
the  state  not  exceeding  in  amount  one-third  of  the  actual  value 
of  any  subdivision  on  which  the  same  may  be  loaned,  such  value 
to  be  determined  by  the  board  of  appraisers  of  school  lands. 

Sec.  163.  No  la,w  shall  ever  be  passed  by  the  legislative  assem- 
bly granting  to  any  person,  corporation  or  association  any  privi- 
leges by  reason  of  the  occupation,  cultivation  or  improvement  of 
any  puiblic  lands  by  said  person,  corporation  or  association  sub- 
sequent to  the  survey  thereof  by  the  general  government.  No 
claim  for  the  occupation,  cultivation  or  improvement  of  any  pub- 
lic lands  shall  ever  be  recognized,  nor  shall  such  occupation, 
cultivation  or  improvement  of  any  public  lands  ever  be  used  to 
diminish,  either  directly  or  indirectly,  the  purchase  price  of  said 
lands. 

Sec.  164.  The  legislative  assembly  shall  have  authority  to  pro- 
vide by  law  for  the  sale  or  disposal  of  all  public  lands  that  have 
been  heretofore,  or  may  hereafter  be  granted  by  the  United  States 
to  the  state  for  purposes  other  than  set  forth  and  named  in  sec- 
tions 153  and  159  of  this  article.  And  the  legislative  assembly, 
in  'providing  for  the  appraisement,  sale,  rental  and  disposal  of 
1he  same,  shall  not  be  subject  to  the  provisions  and  limitations 
of  this  article. 

Sec.  165.  The  legislative  assembly  shall  pass  suitable  laws  for 
the  safe-keeping,  transfer  and  disbursement  of  the  state  school 
funds,  and  shall  require  all  officers  charged  with  the  same  or  the 
safe-keeping  thereof  to  give  ample  'bonds  for  all  moneys  and  funds 
received  by  them,  and  if  any  of  said  officers  shall  convert  to  his 
own  oise  in  any  manner  or  form,  or  shall  loan,  with  or  without 
interest  or  shall  deposit  in  his  own  name,  or  otherwise  than  in 
the  name  otf  the  state  of  North  Dakota,  or  shall  deposit  in  any 
banks  or  with  any  person  or  persons,  or  exchange  for  other  funds 


STATE  OP  NORTH  DAKOTA. 


or  property  any  portion  of  the  school  funds  aforesaid,  or  pur- 
posely allow  any  portion  of  the  same  to  remain  in  his  own  hands 
uninvested  except  in  the  manner  prescribed  by  law,  every  such 
act  shall  constitute  an  embezzlement  o»f  so  much  of  the  aforesaid 
school  funds  as  shall  be  thus  taken  or  loaned,  or  deposited,  or  ex- 
changed, or  withheld,  and  shall  be  a  felony;  and  any  failure  to 
pay  over,  produce  or  account  for  the  'state  school  funds  or  any 
part  of  the  same  entrusted  to  any  such  officer,  as  by  law  required 
or  demanded,  shall  be  held  and  be  taken  to  be  'priina  facie  evi- 
dence of  such  embezzlement. 


ARTICLE  XII. 


PUBLIC   DEBT    AND    PUBLIC   WORKS. 

Sec.  183.  The  debt  of  any  county,  township,  town,  school  dis- 
trict or  any  other  political  subdivision,  shall  never  exceed  five  per 
centum  upon  the  assessed  value  of  the  taxable  property  therein; 
provided,  that  any  incorporated  city  may  iby  a  two-thirds  vote  in- 
crease such  indebtedness  three  per  centum  on  such  assessed  value- 
beyond  said  five  per  cent  limit.  In  estimating  the  indebtedness 
which  a  city,  county,  township,  school  district  or  any  other  polit- 
ical subdivision  may  incur,  tke  entire  amount  of  existing  indebt- 
edness, whether  contracted  prior  or  subsequent  to  the  adoption 
of  this  constitution  shall  be  included;  *  All  bonds  or* 

obligations  in  excess  of  the  amount  of  indebtedness  permitted  by 
This  constitution,  given  by  any  city,  county,  township,  town, 
school  district  or  other  political  subdivision,  shall  be  void. 

Sec.  184.  Any  city,  county,  township,  town,  school  district,  or 
any  other  political  subdivision  incurring  indebtedness  shall,  at  or 
before  the  time  of  so  doing,  provide  for  the  collection  of  an  an- 
nual tax  sufficient  to  pay  the  interest  and  also  the  principal  there- 
of when  due,  and  all  laws  or  ordinances  providing  for  the  pay- 
ment of  the  interest  or  principal  of  any  debt  shall  be  irrepealable 
until  such  debt  be  paid. 

Sec.  185.  Neither  the  state  nor  any  county,  city,  township, 
town,  school  district  or  any  other  political  subdivision  shall  loan 
or  give  its  credit  or  make  donations  to  or  in  aid  of  any  individual, 
association  or  corporation,  except  for  necessary  support  of  the 
poor,  nor  subscribe  to  or  become  the  owner  of  the  capital  stock  of 
any  association  or  corporation, 

Sec.  186.  *         No  bills,  claims,  accounts  or  de- 

mands against  the  state,  or  any  county  or  other  political  subdi- 
vision, shall  be  audited,  allowed  or  paid  until  a  full  itemized 
statement  in  writing  shall  be  filed  with  the  officer  or  officers, 
whose  duty  it  may  be  to  audit  the  same. 


GENERAL  SCHOOL  LAWS, 


Sec,  187.  *  *  *  No  >bond  or  evidence  of  debt  of 
.any  county,  or  bond  of  any  township  or  other  political  subdivision 
.shall  be  valid  unless  the  same  have  endorsed  thereon  a  certificate 
signed  by  the  county  auditor,  or  other  officer  authorized  by  law 
to  sign  such  certificate,  stating  that  said  bond,  or  evidence  of 
debt,  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 

ARTICLE  XIX. 

PUBLIC   INSTITUTIONS. 

Sec.  215.  The  following  public  institutions  of  the  state  are 
permanently  located  at  the  places  hereinafter  named,  each  to 
Shave  the  lands  specifically  granted  to  it  by  the  United  States  in 
the  act  of  congress  approved  February  22,  1889,  to  be  disposed  of 
and  used  in  such  manner  as  the  legislative  assembly  may  pre- 
scribe, subject  to  the  limitations  provided  in  the  article  on  school 
.and  public  lands  contained  in  this  Constitution: 

Second  —  The  state  university  and  the  school  of  mines  at  the 
<city  of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third  —  The  agricultural  college  at  the  city  of  Fargo,  in  the 
Bounty  of  Oass. 

[Fourth  —  A  state  normal  school  at  the  city  of  Valley  City,  in 
tjie  county  of  Barnes;  and  the  legislative  assembly  in  apportion- 
ing the  grant  of  80,000  acres  of  land  for  normal  schools  made  in 
the  act  of  congress  referred  to,  shall  grant  to  the  said  normal 
school  at  Valley  City  aforementioned  50,000  acres,  and  said  lands 
.are  hereby  appropriated  to  said  institution  for  that  purpose. 

Fifth  —  The  deaf  and  dumb  asylum  at  the  city  o>f  Devils  Lake 

in  the  county  of  Ramsey. 

*  *  »  *  *  * 

Seventh  —  A  state  normal  school  at  the  city  of  Mayville  in  the 
Bounty  of  Traill  ;  and  the  legislative  assembly  in  apportioning  the 
grant  of  land  made  by  congress  in  the  act  aforesaid  for  state 
normal  schools,  shall  assign  30,000  acres  to  the  institution  hereby 
located  at  Mayville,  and  said  lands  are  hereby  appropriated  for 
:gaid  purpose. 

Sec.  216.  The  following  named  public  institutions  are  hereby 
permanently  located  as  hereinafter  provided,  each  to  have  so 
much  of  the  remaining  grant  of  170,000  acres  of  land  made  by 
the  United  States  for  "other  educational  and  charitable  institu- 
lions,"  as  is  allotted  by  law.  viz: 

(Second  —  A  blind  asylum,  or  such  other  institution  as  the  legis- 
lative assembly  may  determine,  at  such  place  in  the  county  of 
Pembina  as  the  qualified  electors  of  said  county  may  determine 
,at  an  election  to  be  held  as  prescribed  by  the  legislative  assembly, 
with  a  grant  of  30,000  acres. 


STATE  OF  NORTH  DAKOTA.  15 


Third — An  industrial  school  and  school  for  manual  training, 
or  such  other  educational  or  charitable  institution  as  the  legisla- 
tive assembly  may  pro-vide,  at  the  town  of  Ellendale,  in  the  county 
of  Dickey,  with  a  grant  of  40,000  acres. 

Fourth — A  school  of  forestry,  or  such  other  institution  as  the 
legislative  assembly  may  determine,  at  such  place  in  one  of  the 
counties  of  McHenry,  Ward,  P>ottineau  or  Rolette  as  the  electors 
of  said  co-unties  may  determine  by  an  election  for  that  purpose, 
to  'be  held  as  provided  by  the  legislative  assembly. 

Fifth — A  scientific  school,  or  such  other  educational  or  char- 
itable institution  as  the  legislative  assembly  may  prescribe,  at 
the  city  of  Wahpeton,  county  of  Richland,  with  a  grant  of  40,000 
acreis;  provided,  that  no  other  institution  of  a  character  similar 
to  any  one  of  those  located  by  this  article  shall  be  established  or 
maintained  without  a  revision  of  this  constitution. 


GENERAL  SCHOOL  LAWS 


OF   THE 


State   of    North    Dakota 

From  the  Revised  Codes  of  1899  an^  Laws  of  1901. 


FREE  PUBLIC  SCHOOLS. 

(Chap.  98,  Laws  of  1901.) 

Section  1.  The  state  university  and  school  of  mines  at  Grand 
Forks,  the  agricultural  college  at  Fargo,  the  state  normal  schools 
at  Valley  City  and  Mayville,  the  deaf  and  dumb  asylum  at  Devils 
Lake,  the  industrial  school  and  school  of  manual  training  at 
Ellendale,  a  scientific  school  at  Wahpeton,  the  school  of  forestry 
at  Bottineau,  and  all  other  schools  heretofore  established  by  law 
and  maintained  by  taxation  constitute  the  system  of  free  public 
schools  of  the  state. 


CHAPTER  9. 

ARTICLE  1. — SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Sec.  022.  QUALIFICATIONS  OF.  TERM  OF  OFFICE.— 
There  shall  be  elected  by  the  qualified  electors  of  the  state  at  the 
time  of  choosing  members  of  the  legislative  assembly  a  superin- 
tendent of  public  instruction,  who  shall  have  attained  the  age  of 
twenty-five  years,  and  who  shall  have  the  qualifications  of  an 
elector  for  that  office  and  the  holder  of  a  state  certificate  of  the 
highest  grade,  issued  in  some  state,  or  a  graduate  of  some  repu- 
table university,  college  or  normal  school.  He  shall  hold  his  office 
«t  the  seat  of  government  for  the  term  of  two  years  commencing 
on  the  first  Monday  in  January  following  his  election  and  until 
his  successor  is  elected  and  qualified. 


18  GENERAL  SCHOOL  LAWS, 

Sec.  623.  TO  PRESERVE  MISCELLANEOUS  DOCUMENTS. 
— He  shall  preserve  in  his  office  all  books,  maps,  charts,  works  on 
education,  school  reports  and  school  laws  of  other  states  and 
cities,  plans  for  school  buildings  and  other  articles  of  educational 
interest  and  value  which  may  come  into  his  possession  as  such 
officer,  and  at  the  expiration  of  his  term  he  shall  deliver  them  to- 
gether with  the  reports,  statements,  records  and  archives  of  his 
office  to  his  successor. 

Sec.  624.  SUPERVISION  OF  SCHOOLS.— He  shall  have  the 
general  supervision  of  the  public  schools  of  the  state  and  shall 
be  ex-officio  member  of  the  board  of  university  and  school  lands 
and  of  the  normal  school  boards  of  the  state. 

Sec.  625.  TO  FURNISH  SCHOOL  SUPPLIES,  BLANKS, 
ETC.,  AND  TO  ESTABLISH  CIRCULATING  LIBRARIES.— He 
shall  prepare,  cause  to  be  printed  and  furnish  to  the  proper  offi- 
cers or  persons  all  district  clerks'  record  books  and  warrant 
books,  school  treasurers'  record  books,  school  registers,  reports, 
statements,  notices  and  returns  needed  or  required  to  be  used  in 
the  ischools  or  by  the  school  officers  of  the  state.  He  shall  pre- 
pare and  furnish  to  school  officers,  through  the  county  superin- 
tendents, lists  of  publications  approved  by  him  as  suitable  for 
district  libraries;  such  lists  shall  contain  also  the  lowrest  price 
at  which  each  publication  can  be  purchased  and  such  other  infor- 
mation relative  to  the  purchase  of  district  libraries  as  he  may 
deem  requisite.  He  shall  also  select  and  purchase  books  suit- 
able for  district  libraries,  and  cause  the  same  to  be  circulated  as 
traveling  libraries  under  such  rules  and  regulations  as  he  may 
prescribe.  And  for  the  purpose  of  selecting  and  purchasing  such 
books  there  is  hereby  appropriated  the  sum  of  seven  hundred  and 
fifty  dollars  annually,  to  be  paid  by  warrant  of  the  state  auditor 
on  the  state  treasurer,  upon  the  presentation  of  itemized  bills  in 
due  form,  duly  approved  by  the  superintendent  of  public  instruc- 
tion. 

Sec.  626.  EXAMINATIONS  AND  TEACHERS'  CERTIFI- 
CATES.— He  shall  prepare  or  cause  to  be  prepared  all  questions 
to  'be  used  in  the  examination  of  applicants  for  teachers'  certifi- 
cates, prescribe  the  rules  and  regulations  for  conducting  such  ex- 
aminations and  issue  or  revoke  state  certificates  as  provided  in 
this  chapter. 

Sec.  627.  PRESCRIBE  COURSE  OF  STUDY.— He  shall  pre- 
pare and  prescribe  a  course  of  study  for  all  the  public  and  normal 
schools  "of  the  state  and  the  course  of  study,  training  and  prac- 
tice of  the  professional  department  of  schools,  designated  and 
supported  wholly  or  in  part  by  the  state. 


STATE  OF  NORTH  DAKOTA.  19 

Sec.  628.  RULES  FOR  TEACHERS'  INSTITUTES.— He  shall 
prescribe  rules  and  regulations  for  the  holding  of  teachers'  insti- 
tutes and  teachers'  training  schools,  and  after  counseling  and 
advising  with  county  superintendents,  shall  appoint  conductors 
therefor.  He  shall  prescribe  the  course  of  instruction  for  teach- 
ers' institutes  and  for  teachers'  training  schools,  and  the  course 
of  reading  for  the  teachers'  reading  circles  within  the  state. 

Sec.  629.  ADVISE  COUNTY  SUPERINTENDENTS.  —He 
shall  counsel  with  and  advise  county  superintendents  upon  all 
matters  involving  the  welfare  of  schools  and  he  shall,  when  re- 
quested, give  them  written  answers  to  all  questions  concerning 
the  school  law.  He  shall  decide  all  appeals  from  the  decision 
of  the  county  superintendents,  and  may  for  such  decisions  require 
affidavits,  verified  statements  or  sworn  testimony  as  to  the  facts 
hi  issue.  He  shall  prescribe  and  cause  to  be  enforced  rules  of 
practice  and  regulations  pertaining  to  the  hearing  and  determin- 
ation of  appeals,  and  necessary  for  carrying  into  effect  the  school 
lawis  of  the  state. 

Sec.  630.  RECORD  OF  OFFICIAL  ACTS.— He  shall  keep,  a 
complete  record  of  all  his  official  acts  and  shall  file  in  his  office 
all  appeals  and  the  papers  pertaining  thereto. 

Sec.  631.  SCHOOL  LAWS  TO  BE  PRINTED.— He  shall  at 
least  once  in  two  years  cause  to  be  printed  the  school  laws  of  the 
state,  with  such  notes  and  decisions  thereon  as  may  seem  to  him 
advisable,  and  shall  furnish  them  as  they  are  needed  to  the  school 
officers  in  the  state. 

Sec.  632.  CONFERENCE  WITH  COUNTY  SUPERINTEND- 
ENTS.— He  shall  meet  the  county  superintendents  of  each  judi- 
cial district  or  of  two  o<r  more  districts  combined  at  such  time  and 
place  as  he  shall  appoint,  giving  them  due  notice  of  such  meeting. 
The  objects  of  such  meeting  shall  be  to  accumulate  valuable  facts 
relative  to  schools,  to  compare  views,  to  discuss  principles,  to 
hear  discussions,  and  suggestions  relative  to  the  examinations 
and  qualifications  of  teachers,  methods  of  instruction,  text  books, 
institutes,  visitation  of  schools  and  other  matters  relating  to  the 
public  schools. 

Sec.  633.  SEAL. — He  shall  provide  and  keep  a  seal  by  which 
all  his  official  acts  may  be  authenticated. 

Sec.  634  TO  ASSIST  AT  TEACHERS'  INSTITUTES.— He 
shall  when  practicable,  attend  and  assist  at  teachers'  institutes 
and  aid  and  encourage  generally  teachers  in  qualifying  them- 
selves for  the  successful  discharge  of  their  duties ;  he  shall  labor 
faithfully  in  all  practicable  ways  for  the  welfare  of  the  public 
schools  of  the  state,  and  shall  perform  such  other  duties  as  shall 
be  required  of  him  by  law. 


20  GENERAL  SCHOOL   LAWS, 

Sec.  635.     BIENNIAL  REPORT,  WHAT  TO    CONTAIN.— He 

shall,  on  or  before  the  first  day  of  November  preceding  the  bien- 
nial session  of  the  legislative  assembly,  make  and  transmit  to  the 
governor  a  report  showing. 

1.  The  number  of  school  districts,  schools,  teachers  employed 
and  pupils  taught    therein    and   the    attendance    of  pupils  and 
studies  pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts  and 
expenditures,  value  of  school  houses  and  property,  cost  of  tuition 
and  wages  of  teachers. 

3.  The  condition,  educational  and  .financial,  of  the  normal  and 
higher  institutions  connected  with  the  school  system  of  the  state 
and  as  far  as  it  can  be  ascertained,  of  the  private  schools,  acad- 
emies and  colleges  in  the  state. 

4.  Such  general  matters,  information   and   recommendations 
relating  to  the  educational  interests  of  the  state,  as  he  may  deem 
important. 

Sec.  636.  'REPORTS  TO  BE  PRINTED.— Two  thousand  copies 
of  the  report  of  the  superintendent  of  public  instruction  shall  be 
printed  biennially  in  the  month  of  December  preceding  the  ses- 
sion of  the  legislative  assembly.  One  copy  shall  be  furnished  to 
eaich  of  the  members  of  the  legislative  assembly,  one  copy  to  each 
county  superintendent  of  the  state,  one  copy  to  the  president  of 
each  school  board,  one  copy  to  each  state  officer,  one  copy  to  each 
state  and  territorial  superintendent,  and  twenty  copies  shall  be 
filed  in  the  office  of  the  superintendent  of  public  instruction  and 
ten  copies  in  the  state  library.  The  remaining  copies  shall  be 
distributed  among  the  various  colleges,  universities  and  other 
libraries  of  the  United  States. 

Sec.  637.  SALARY,  TRAVELING  EXPENSES.— He  shall  re- 
ceive an  annual  salary  of  two  thousand  dollars  and  in  addition 
thereto  his  actual  and  necessary  traveling  expenses  incurred  in 
the  discharge  of  his  official  duties,  not  exceeding  six  hundred  dol- 
lars in  any  one  year,  such  expenses  to  be  paid  monthly  on  the 
warrant  of  the  state  auditor  upon  his  filing  with  such  auditor  an 
itemized  statement  of  such  expenses  properly  verified. 

AETICLE  2. — COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

Sec.  638.  ELECTION,  TERM  OF  OFFICE.— There  shall  be 
elected  in  each  organized  co-unty,  at  the  same  time  other  county 
officers  -are  elected,  a  county  superintendent  of  schools,  whose 
term  of  office  shall  be  two  years,  commencing  on  the  first  Monday 
in  January  following  his  election,  and  until  his  successor  is 
elected  and  qualified.  Any  voter  residing  in  an  independent 


STATE  OF  NORTH  DAKOTA.  21 

school  district,  organized  under  a  special  act,  having  a  board  of 
education  and  city  superintendent  of  schools,  shall  not  be  quali- 
fied to  vote  for  county  superintendent  of  schools. 

Sec.  639.  GENERAL  DUTIES.— The  county  superintendent 
of  schools  shall  have  the  general  superintendence  of  the  public 
schools  in  his  county,  except  those  in  cities  which  are  organized 
under  special  law  and  those  in  special  or  independent  school  dis- 
tricts. 

Sec.  (UO.  VISITATION  OF  SCHOOLS.— He  shall  visit  each 
public  school  under  his  supervision.  He  shall  at  such  visit  care- 
fully observe  the  condition  of  the  school,  the  mental  and  moral 
instruction  given,  the  methods  of  teaching  employed  by  the 
teacher,  the  teacher's  ability  and  the  progress  of  the  pupils.  He 
shall  advise  and  direct  the  teacher  in  regard  to  the  instruction, 
classification,  government  and  discipline  of  the  school  and  the 
course  of  study.  He  shall  keep  a  record  of  such  visits  and  by 
memoranda  indicate  his  judgment  of  the  teacher's  aibility  to 
teach  and  govern  and  the  condition  and  progress  of  the  school, 
which  .shall  be  open  to  inspection  by  any  school  director. 

Sec.  641.  GENERAL  DUTIES.— He  shall  carry  into  effect  all 
instructions  of  the  superintendent  of  public  instruction  given 
within  his  authority.  He  shall  distribute  to  the  proper  officers 
and  to  teachers  all  blanks  furnished  him  by  such  superintendent, 
2nd  needed  by  such  officers  and  teachers.  Acting  under  the  in- 
structions of  the  superintendent  of  public  instruction,  he  shall, 
when  expedient,  convene  the  teachers  of  his  county  at  least  one 
Saturday  in  each  month  during  which  the  public  schools  are  in 
progress,  or  if  the  distance  is  too  great  he  may  convene  the  teach- 
ers of  two  or  more  districts  in  each  of  the  several  portions  of  his 
county  in  county  or  district  institutes,  or  teachers'  circles,  for 
normal  instruction  and  the  study  of  methods  of  teaching,  organ- 
izing, classifying  and  governing  schools,  and  for  such  other  in- 
struction as  may  be  set  forth  in  the  course  of  reading  prescribed 
by  the  superintendent  of  public  instruction  for  the  state  teachers' 
reading  circle.  Each  teacher  shall  attend  the  full  session  of  such 
institute  or  circle  and  participate  in  the  duties  and  exercises 
thereof  or  forfeit  one  day's  wages  for  each  day's  absence  there- 
from, unless  isuch  absence  is  occasioned  by  sickness  of  the  teacher 
or  others  to  whom  his  attention  is  due;  but  when,  on  account  of 
distance  or  otherwise,  it  would  impose  a  hardship  upon  any 
teacher  to  attend,  or  wroiild  cause  such  teacher  to  neglect  his 
school,  the  county  superintendent  may  excuse  such  teacher  from 
attendance. 

Sec.  642.  RECORD  OF  OFFICIAL  ACTS.— He  shall  keep  a 
record  of  all  his  official  acts,  and  shall  preserve  all  books,  maps, 


22  GENERAL  SCHOOL  LAWS, 

charts  and  apparatus  sent  him  as  a  school  officer,  or  belonging; 
"to  his  office.  He  shall  file  all  reports  and  statements  from  teach- 
ers and  school  boards  and  shall  turn  them  over  to  his  successor 
in  office.  He  shall  be  provided  with  a  seal  'by  which  his  official 
acts  may  be  authenticated. 

Sec.  643.  (Amended.)— MEETINGS  WITH  SCHOOL  OFFI- 
CERS.— He  may  arrange  for  meetings  with  school  officers  at  des- 
ignated times  and  places,  due  notice  of  which  has  been  given,  for 
the  purpose  of  inspecting  the  district  records  and  instructing  in 
the  manner  of  keeping  the  saime  and  of  preparing  the  reports  of 
district  officers.  He  shall  visit  the  officers  of  the  several  school 
districts  as  often  as  may  be  necessary  to  secure  the  correct  keep- 
ing of  the  records.  He  shall,  on  or  before  the  first  day  of  April 
in  each  year,  prepare  and  furnish  to  the  several  assessors  of  the 
county  a  correct  sectional  map  of  their  respective  districts,  show- 
ing the  boundaries  and  names  or  nunnlbers  of  all  school  districts 
therein;  provided,  also,  that  he  may  convene  the  presidents  of 
school  boards  in  his  county,  or  such  representative  of  each  school 
board  as  the  president  shall  appoint,  in  case  he  cannot  attend 
personally,  for  the  purpose  of  discussing  plans  and  methods  for 
the  improvement  and  general  care  of  the  schools;  provided,  fur- 
ther, that  such  general  meeting  shall  not  occoir  more  than  once 
in  each  year. 

Sec.  644.  TO  DECIDE  QUESTIONS  IN  CONTROVERSY.— He 
shall  decide  all  matters  in  controversy  arising  in  his  county  in  the 
administration  of  the  school  law  or  appealed  to  him  from  the 
decisions  of  school  officers  or  boards.  An  appeal  may  be  taken 
from  his  decision  to  the  superintendent  of  public  instruction,  in 
which  case  a  full  written  statement  of  the  facts,  together  with 
the  testimony  and  his  decision  in  the  case  shall  be  certified  to  the 
superintendent  of  public  instruction  for  his  decision  in  the  mat- 
ter, which  decision  shall  be  final,  subject  to  adjudication  or  the 
proper  legal  remedies  in  the  courts. 

Sec.  645.  POWER  TO  ADMINISTER  OATHS.— He  shall 
have  power  to  administer  oaths  of  office  to  all  subordinate  school 
officers,  and  to  witnesses  and  to  examine  them  under  oath  in  all 
controversies  pending  before  him  arising  in  the  administration  of 
the  school  laws;  but  he  shall  not  receive  pay  for  administering 
such  oaths. 

Sec.  646.  INSTITUTE  FUND,  HOW  RAISED  AND  USED.— 
All  funds  received  by  him  for  the  examination  of  teachers  shall 
be  turned  over  to  the  county  treasurer,  who  shall  keep  the  same 
as  a  special  fund  to  be  known  as  the  ''Institute  Fund,"  and  which 
shall  !be  used  only  for  the  expenses  of  holding  county  teachers* 
institutes,  or  supporting  teachers'  training  schools,  to  be  paid 


STATE  OF  NORTH  DAKOTA.  23 


out  upon  proper  warrants  issued  by  the  county  auditor  upon  the 
sworn  and  itemized  voucher  of  the  county  superintendent. 

Sec.  647.  APPORTIONMENT  OF  STATE  TUITION  FUND.— 
He  shall  make  apportionment  of  the  state  tuition  fund  among  the 
school  corporations  of  the  county,  as  provided  in  this  chapter. 

Sec.  648.  TEACHER'S  CERTIFICATE  MAY  BE  REVOKED, 
WHEN. — He  shall  see  that  the  pupils  are  instructed  in  the  sev- 
eral branches  of  study  required  by  law  to  foe  taught  in  the  schools 
as  far  as  they  are  qualified  to  pursue  them.  If  any  teacher  neg- 
lects or  refuses  to  give  instruction  as  required  by  law  in  physio- 
logy and  hygiene,  and  the  nature  and  effect  of  alcoholic  drinks, 
narcotics  and  stimulants,  the  county  superintendent  shall 
promptly  revoke  such  teacher's  certificate  and  cause  him  to  be 
discharged.  If  the  teacher,  so  neglecting  or  refusing  to  give  in- 
structions in  such  branches,  holds  a  state  certificate,  the  county 
superintendent  shall  immediately  certify  such  refusal  or  neglect 
To  the  superintendent  of  public  instruction. 

Sec.  649.  REPORT  TO  STATE  SUPERINTENDENT.— He 
shall,  on  or  before  the  fifteenth  day  of  September  in  each  year, 
make  and  transmit  a  report  to  the  superintendent  of  public  in- 
struction, containing  such  statistics,  items  and  statements  rela- 
tive to  the  schools  of  the  county,  as  may  be  required  by  such  su- 
perintendent. Such  report  shall  be  made  upon  and  conform  to 
the  blanks  furnished  by  the  superintendent  of  public  instruction 
for  that  purpose.  He  shall  not  be  paid  his  salary  for  the  last 
quarter  of  his  official  year  until  he  presents  to  the  county  com- 
missioners the  receipts  of  the  superintendent  of  public  instruc- 
tion for  such  annual  report. 

Sec.  651.  OFFICE,  POSTAGE  AND  STATIONERY.— He  may 
provide  for  himself  a  suitable  office  for  the  transaction  of  official 
business  when  not  provided  therewith  toy  the  county  commis- 
sioners, and  such  commissioners  shall  audit  and  pa^'  his  reason- 
able accounts  for  the  use  and  furniture  of  such  office.  They  shall 
also  furnish  him  with  all  necessary  books,  stationery  and  postage. 

Sec.  652.     SALARY.     DEPUTY.     TRAVELING  EXPENSES. 

-The  salary  of  the  county  superintendent  of  schools  shall  be 
as  follows:  In  each  county  having  one  school  and  not  over  five, 
one  hundred  dollars;  six  schools  and  not  over  ten,  two  hundred 
dollars;  eleven  schools  and  not  over  fifteen,  three  hundred  dol- 
lars; sixteen  schools  and  not  over  twenty,  four  hundred  dollars; 
twTenty-one  schools  and  not  over  twrenty-tfive,  five  hundred  dollars; 
twenty-six  schools  and  not  over  thirty,  six  hundred  dollars; 
thirty-one  schools  and  not  over  thirty-five,  seven  hundred  dollars; 
thirty-six  schools  and  not  over  forty,  eight  hundred  dollars;  forty- 


24  GENERAL  SCHOOL   LAWS, 

one  schools  and  not  over  fifty,  nine  hundred  dollars;  and  for  each 
additional  school  ten  dollars  additional;  provided,  that  in  com- 
puting the  salary  of  such  superintendent  no  school  shall  be  in- 
cluded unless  the  saiine  shall  have  been  taught  at  least  three 
months  during  the  preceding  year;  provided,  further,  that  such 
salaries  shall  not  exceed  fifteen  hundred  dollars  in  any  county. 
In  addition  thereto,  he  shall  receive  seven  cents  a  mile  for  the 
distance  actually  and  necessarily  traveled  by  him  in  the  discharge 
of  his  duties.  He  shall,  at  the  end  of  every  three  months,  make 
and  furnish  to  the  county  commissioners  an  itemized  statement 
of  the  distance  so  traveled  in  the  discharge  of  his  duties, 
which  shall  'be  audited  and  ordered  paid  by  the  board  of 
county  commissioners.  The  amount  of  his  salary  shall  be  deter- 
mined each  year  by  the  actual  number  of  schools  or  separate  de- 
partments in  graded  schools  over  which  such  superintendent  had 
official  supervision  during  the  preceding  year,  and  the  same  shall 
be  paid  out  of  the  county  general  fund  monthly  upon  the  warrant 
of  the  county  auditor.  In  each  county,  which  shall  be  organized 
for  school  purposes  after  the  adoption  of  this  code,  the  county 
superintendent  shall  be  paid  a  salary  at  the  rate  of  one  hundred 
dollars  a  year  until  the  first  Monday  in  October  next  following 
his  election,  after  which  his  salary  shall  be  as  provided  for  in 
this  section.  The  county  superintendent  may  appoint  a  deputy 
who  shall  perform  the  duties  of  the  county  superintendent  dur- 
ing his  absence  from  the  county;  but  no  additional  salary  shall 
be  paid  such  deputy  except  in  counties  having  sixty  or  more 
schools.  In  counties  having  sixty  schools  the  board  of  county 
commissioners  shall  appropriate  one  hundred  dollars  for  clerical 
assistance  in  the  county  superintendent's  office  and  five  dollars 
for  each  additional  school,  to  be  paid  monthly;  provided,  that  not 
more  than  six  hundred  dollars  shall  be  appropriated  for  clerical 
assistance  in  any  one  year. 

!Sec.  653.  QUALIFICATIONS  OF.— No  person  shall  be  deemed 
qualified  for  the  office  of  county  superintendent,  unless  he  holds 
a  certificate  of  the  highest  county  grade  or  its  equivalent. 

Sec.  654.  SHALL  NOT  ENGAGE  IN  TEACHING.— No  county 
superintendent  of  schools,  except  as  hereinafter  provided,  shall 
engage  in  teaching  during  the  term  for  which  he  was  elected,  nor 
shall  any  person  under  contract  to  teach  be  qualified  to  hold  the 
office  of  county  superintendent  of  schools. 

Sec.  655.  SHALL  NOT  ABSENT  HIMSELF  FROM  COUNTY. 
— No  county  superintendent  of  schools  shall  engage  in  any  pro- 
fession or  occupation,  nor  shall  he  absent  himself  from  the 
county  or  district  for  which  he  is  elected  to  engage  in  any  occu- 
pation, profession  or  pursuit  during  the  term  for  which  he  is 


STATE  OF  NORTH  DAKOTA.  25 


fleeted  for  such  time  and  in  such  manner  as  to  interfere  with  the 
proper  discharge  of  his  duties  as  county  superintendent  of 
schools. 

Sec.  656.  SUBJECT  TO  REMOVAL.— Any  county  superin- 
tendent of  schools  who  neglects  or  violates  any  of  the  provisions 
of  sections  654  and  600  shall  be  subject  to  removal  from  office. 

Sec.  657.  XOT  APPLICABLE  IX  EVERY  COUNTY.— None  of 
the  provisions  of  sections  (154  and  655  shall  be  applicable  to  coun- 
ties in  which  the  salary  of  county  superintendents  of  schools  is 
less  than  twelve  hundred  dollars  per  annum. 


ARTICLE  3. — SCHOOL  DISTRICTS. 

Sec.  65S.  WHAT  CONSTITUTES  A  SCHOOL  CORPORA- 
TION.— Each  civil  township  in  the  state,  not  organized  for  school 
purposes  under  the  district  system  at  the  taking  effect  of  this 
code,  shall  be  and  is  hereby  constituted  a  distinct  school  corpora- 
tion, and  whenever  in  any  county  a  civil  township  shall  hereafter 
be  organized  it  shall  from  and  after  such  organization  be  and 
constitute  a  distinct  school  corporation,  except  as  otherwise  spe- 
cially provided  in  this  chapter. 

Sec.  659.  SCHOOL  TOWNSHIP  TO  CONFORM  TO  CIVIL 
TOWNSHIP  WHEN  POSSIBLE.— Each  school  township  in  every 
county  in  the  state,  which  at  the  taking  effect  of  this  code  con- 
sists oif  territory  not  organized  into  a  civil  township,  shall  be  and 
remain  a  distinct  school  corporation;  provided,  that  whenever 
such  school  to  \vnship,  or  any  part  thereof,  shall  be  organized  into 
or  annexed  to  a  civil  township,  such  civil  township  shall  thence- 
forth constitute  a  distinct  school  corporation;  but  nothing  in  this 
section  shall  be  construed  to  alter  the  boundary  lines  of  any 
school  township  organized  prior  to  the  passage  of  this  code,  ex- 
cept upon  petition  as  hereinafter  provided. 

iSec.  660.  .WHAT  TERRITORY  MAY  BE  ORGANIZED  INTO 
DISTRICT  SCHOOL  CORPORATIONS.— The  county  commis- 
sioners of  each  county  in  which  there  is  territory  not  organized 
for  school  purposes  at  the  taking  effect  of  this  article,  may  organ- 
ize into  a  district  school  corporation  any  territory  not,  at  the 
taking  effect  of  this  article,  already  organized  into  a  civil  town- 
ship or  a  school  township,  upon  being  petitioned  to  do  so  by  one- 
third  of  the  residents  of  such  territory,  having  the  care  or  cus- 
tody of  any  child  of  school  age;  provided,  such  territory  shall 
consist  of  not  less  than  one  congressional  township,  and  having 
not  less  than  ten  children  of  school  age  residing  therein.  The 


26  GENERAL  SCHOOL   LAWS, 


county  cornmisisioners  of  every  such  county,  with  the  advice  and 
consent  of  the  county  superintendent  may  rearrange  the  bound- 
aries in  any  school  corporation  whose  territory  is  not  included 
within  a  civil  township,  when  petitioned  to  do  so  by  a  majority 
of  the  voters  residing  within  such  school  corporation,  whose 
boundaries  will  be  affected  thereby,  subject  to  the  same  restric- 
tions and  conditions  as  to  extent  of  territory  and  number  of  resi- 
dent children  of  school  age  as  in  the  organization  of  a  school  cor- 
poration from  territory  not  included  in  a  civil  township.  In  the 
formation  of  school  corporations  and  the  rearrangement  of  their 
boundaries  as  provided  for  in  this  section,  the  boundary  lines  of 
congressional  townships  shall  be  followed  as  far  as  possible  as 
school  corporation  lines;  provided,  that  in  case  any  school  towrn- 
ship,  containing  a  city  o|  eight  hundred  inhabitants  or  more,  and 
which  is  not  organized  as  an  independent  school  district,  said 
township  outside  of  said  city,  may,  on  petition  to  the  county  sup- 
erintendent of  schools,  a  petition  of  at  least  two-thirds  of  the 
legal  voters  of  such  township  outside  the  limits  of  such  city, 
organize  a  school  township,  and  when  such  petition  is  filed,  the 
county  superintendent  of  schools  shall  proceed  to  call  a  first  elec- 
tion as  provided  in  article  4  of  this  chapter. 

Sec.  661.  NEW  SCHOOL  DISTRICTS,  HOW  FORMED.— In 
any  county  hereafter  organized  the  county  commissioners  shall 
so  divide  the  county  or  the  parts  thereof,  which  include  every 
congressional  township  in  such  count}7  which  has  residing  therein 
not  less  than  ten  children  of  school  age,  into  school  corporations 
as  will  'best  promote  the  permanent  interests  of  public  schools  in 
the  county,  upon  the  same  petition  and  subject  to  the  same  con- 
dition and  restrictions  as  are  contained  in  section  660. 

Sec.  662.  (Amended.)— WHEN  SCHOOL  CORPORATIONS 
MAY  BE  DIVIDED  AND  ATTACHED  TO  OTHER  DISTRICTS. 
— If  a  portion  of  any  such  school  corporation  having  not  more 
than  ten  children  of  school  age  residing  therein  is  separated  from 
the  other  portion  of  such  .  corporation  by  any  natural  obstacle 
which  practically  ^prevents  such  children  from  attending  school 
in  such  other  portion,  the  county  commissioners  of  the  county 
may  annex  such  portion  so  separated  to  an  adjoining  school  cor- 
poration, and  the  portion  so  annexed  shall  constitute  a  part  of 
such  adjacent  corporation.  If  such  adjacent  corporation  lies  in 
another  county,  the  county  commissioners  of  the  two  counties 
may  jointly  make  such  annexation;  provided,  that  whenever  por- 
tions of  a  school  corporation  lie  in  different  civil  townships, 
there  may  be  created  therefrom  two  or  more  distinct  school  cor- 
porations, when,  in  the  judgment  of  such  commissioners  and 
superintendent,  such  change  can  be  made  without  detriment  to 


STATE   OF  NORTH  DAKOTA.  27 

the  schools  or  to  the  ipnpils  therein,  and  the  division  can  be  made 
by  following  the  boundary  line,  or  lines,  of  congressional  town- 
ships, or  the  meander  lines  of  the  government  survey. 

Sec.  G63.     ANNEXATION   OF   SCHOOL  CORPORATIONS.— 

In  any  county  not  organized  for  school  purposes  under  the  dis- 
trict system  at  the  taking  effect  of  this  code,  if  a  town  or  village 
not  organized  into  a  special  district  is  divided  by  a  civil  township 
line  or  if  such  town  or  village  is  divided  by  any  county  line,  the 
county  commissioners  of  such  county,  or  the  county  commission- 
ers of  such  adjacent  counties  acting  in  joint  session,  ais  the  caise 
may  be,  may  when  petitioned  so  to  do  by  a  majority  of  the  voters 
of  each  part  of  said  town  or  village,  annex  oneipart  of  such  town 
or  village  to  the  adjacent  school  corporation  which  includes  the 
other  part  of  -such  town  or  village  and  the  part  so  annexed  shall 
constitute  a  portion  of  such  adjacent  corporation. 

Sec.  (5C4.  WHEN  CIVIL  TOWNSHIPS  MAY  CONSOLIDATE 
INTO  SCHOOL  DISTRICT.— In  any  county  not  organized  for 
school  purposes  under  the  district  'system  at  the  taking  effect  of 
this  code,  if  a  civil  township  having  less  than  fifteen  persons  of 
school  age  residing  therein,  by  reason  of  the  irregular  course  of 
natural  boundary,  contains  less  than  twelve  sections  or  square 
miles  of  territory,  it  shall  constitute  a  portion  of  the  adjacent 
school  district  with  which  it  has  the  longest  common  boundary 
line. 

Sec.  005.  SCHOOL  DISTRICTS,  HOW  NAMED.— Ea'ch  .school 
corporation  constituted  or  formed  under  the  provisions  of  this 
article,  shall  be  designated  a  school  district  as  distinguished  from 
a  civil  township  or  congressional  township  and  shall  be  named  as 
follows:  Each  school  district  which  consists  of  a  civil  township 

shall  be  named  " school  district  of county,. 

state  of  North  Dakota,"  with  the  name  of  the  civil  township 
which  constitutes  the  districts  inserted  in  the  blank  before  the 
word  "school,"  and  the  name  of  the  county  in  which  it  is  situated 
inserted  before  the  word  "county."  Each  school  district  which 
consists  of  territory  not  organized  info  a  civil  township,  but 
which  has  ibeen  named  by  a  distinctive  name  shall  have  such  dis- 
tinctive naime  inserted  in  the  blank  before  the  word  "school.'* 
Each  school  district  consisting  of  territory  not  organized  into  a 
civil  township  which  has  no  distinctive  name  shall  be  named 
"school  district  No of county,  state  of  North  Da- 
kota," with  its  proper  number  inserted  in  the  blank  after  the 
word  "number,"  and  the  proper  name  of  the  county  inserted  in 
the  blank  before  the  word  "county;"  provided,  that  in  each  county 
organized  -for  school  purposes  under  the  district'  system  at  the 
laking  effect  of  this  code,  the  several  school  districts  shall  retain 


28  GENERAL  SCHOOL   LAWS, 

and  'be  known  by  the  number  which  they  have  respectively  at 
the  time  of  the  taking  effect  of  this  code  and  any  school  district 
hereafter  formed  in  any  such  county  shall  be  known  by  the  num- 
ber next  higher  than  that  of  the  highest  pre-fexisting  numbered 
district. 

Sec.  666.  WHEN  BOUNDARIES  TO  BE  REARRANGED 
AND  ESTABLISHED  AND  HOW.— The  county  commissioners 
and  county  superintendent  of  schools  in  each  county,  which  at 
the  taking  effect  of  this  code  is  organized  for  school  purposes 
under  the  district  system,  shall  meet  on  the  first  Monday  in  May, 
A.  D.  1896,  at  the  place  where  the  meetings  of  such  commission- 
ers are  usually  held  and  shall  rearrange  and  establish  the  bound- 
aries of  the  several  school  districts  of  the  county  unless  the  same 
has  already  been  done,  as  follows: 

1.  Each  civil  township  in  a  county,  no  part  of  which  is  in- 
cluded in  a  school  district  already  organized,  shall  be  formed 
into  a  single  school  district. 

2.  Each  congressional    township    in   the  county,  no    part    of 
which  is  included  in  a  civil  township  nor  in  an  organized  school 
district,  if  it  contains  twelve  or  mo>re  persons  of  school  age,  shall 
be  formed  into  a  single  school  district. 

3.  All  territory  in  a  county  situated  in  a  civil  township,  part 
of  which  is  organized  into  a  'School  district  or  situated  in  a  con- 
gressional township  not  included  in  a  civil  township,  and  a  por- 
tion of  wThich  is  organized  into  a  school  district  shall  be  annexed 
to  and  form  a  part  of  the  OTganized  school  district  lying  wholly 
or  in  ipart  in  such  civil  or  congressional  township. 

4.  Bach  school  district  now  organized  which  ha,s  less  than  ten 
persons  of  school  age  residing  therein  shall  be  annexed  to  and 
form  a  part  of  such  adjacent  school  district  as  shall  be  mo'st  con- 
venient for  such  persons  of  school  age,  when  in  the  judgment  of 
such  commissioners  and  superintendent  such  annexation  can  be 
made  without  detriment  to  the  school  or  to  the  pupils  residing  in 
such  district. 

5.  The  boundary  lines  -of  each  school  district  which  lies  partly 
within  two  or  more  civil  townships  shall  be  so  changed  that  such 
school  district  ishall  lie  wholly  within  one  civil  township,  so  far 
as  in  the  judgment  of  such  commissioners  and  superintendent 
such  change  can  be  made  without  detriment  to  the  schools  or  to 
the  pupils  therein. 

6.  Such  commissioners  and  superintendent  shall  make  such 
changes  generally  in  the  boundary  lines  of  the  school  districts  of 
the  county,  not  in  their  judgment  detrimental  to  the  interests  of 
the  schools  of  the  county  as  will  reduce  the  numfber  of  school 
districts  in  the*  county,  and  form  school  districts  not  extending 
beyond  the  boundaries  of  the  civil  township. 


STATE  OF  NORTH  DAKOTA.  29 

Sec.  667.  BOUNDARIES,  HOW  CHANGED  IN  FUTURE.— 
After  the  boundary  lines  of  the  several  school  districts  in  any  of 
the  said  counties  are  rearranged  and  established  as  provided  for 
in  the  last  preceding  section  of  this  article,  such  boundary  so 
established  may  be  changed  by  the  county  commissioners  and 
superintendent  of  schools  of  such  county  at  any  regular  session 
of  such  commissioners  upon  a  petition  for  such  change  signed  by 
one-third  of  the  voters  residing  in  each  district,  whose  bound- 
aries will  be  affected  by  such  change,  if  in  the  judgment  of  the 
commissioners  and  superintendent  such  change  is  for  the  best 
interests  of  the  schools;  provided,  that 'by  such  change  or  changes 
no  new  district  shall  be  formed,  nor  shall  the  number  of  school 
districts  in  the  county  be  increased;  provided  further,  that  each 
congressional  township,  not  wholly  or  in  part  included  in  a  civil 
township,  and  no  part  of  which  is  organized  for  school  purposes,, 
shall  be  formed  into  a  school  district  as  soon  as -it  shall  have 
residing  therein  twelve  or  more  children  of  school  a-ge. 

Sec.  668.  RIGHTS  AND  POWERS  OF  SCHOOL  CORPORA- 
TIONS.— Each  school  district  constituted  and  formed  as  provided 
in  this  article  shall  be  a  distinct  corporation,  and  under  its  proper 
name  or  number  as  such  corporation,  may  sue  and  be  sued,  con- 
tract and  be  contracted  wyith,  and  may  acquire,  purchase,  hold  and 
use  personal  or  real  property  for  school  purposes  or  for  the  pur- 
poses mentioned  in  this  chapter  and  sell  and  dispose  of  the  same. 

Sec.  669.  PLATS  OF  SCHOOL  DISTRICTS  TO  BE  FUR- 
NISHED BY  COUNTY  AUDITOR.— The  county  auditor  shall, 
within  thirty  days  after  the  first  school  election  held  as  provided 
herein,  transmit  to  the  state  auditor,  to  the  superintendent  of 
public  instruction  and  to  the  county  superintendent,  a  plat  of  the 
county  showing  the  boundaries  and  name  of  each  school  corpora- 
tion therein,  and  shall  record  a  copy  of  the  same,  together  withr 
all  proceedings  of  the  county  board  had  and  done  under  this 
chapter  in  a  proper  book  kept  for  that  purpose.  He  shall 
promptly  furnish  such  officers  with  a  correct  plat  showing  any 
changes  at  any  time  in  the  boundaries  of  school  corporation*,. 
The  superintendent  of  public  instruction  shall  furnish  instruc- 
tions for  the  suitable  preparation  and  construction  of  such  plats 
in  regard  to  scale  and  markings,  in  order  to  secure  a  uniform 
series  of  maps  for  binding  for  office  use. 

Sec.  669a,  LEGALIZING  IRREGULARITIES.— All  school 
districts,  whether  duly  and  legally  organized  under  the  provisions 
of  statutes  or  not,  wrhich  for  the  eight  years  last  past  have  had  a 
defacto  organization,  are  hereby  declared  to  be  legally  organized 
and  are  authorized  to  exercise  all  the  functions  of  school  districts 
which  have  been  duly  and  legally  organized  as  provided  by  stat- 


30  GENERAL  SCHOOL   LAWS, 

ute,  with  the  boundaries  which  they  may  have  at  the  time  of  the 
going  into  effect  of  this  article,  and  all  contracts  or  obligations  of 
said  districts,  and  the  acts  of  the  officials  thereof,  are  hereby 
ratified  and  confirmed  in  so  far  as  to  give  them  the  same  validity 
which  they  would  have  had  if  said  districts  had  been  legally 
organized. 

ARTICLE  4. — ELECTION  OF  SCHOOL  OFFICERS. 

Sec.  670.  OFFICERS  TO  BE  ELECTED.— On  the  third  Tues- 
day in  June  of  each  year  there  shall  be  elected  one  school  director 
for  the  tenm  of  three  years  and  on  the  third  Tuesday  in  June  of 
each  even  numbered  year  a  school  treasurer  for  the  term  of  two 
years.  Such  officers  shall  hold  their  respective  offices  from  the 
second  Tuesday  in  July  following  their  election  for  the  number 
of  years  respectively  for  which  they  were  elected,  and  until  their 
successors  are  elected  and  qualified.  At  the  first  election  for  the 
organization  of  a  new  school  district  there  shall  be  elected  at 
large  for  such  school  district  three  directors,  one  to  serve  until 
the  first  annual  election,  one  to  serve  until  the  second  annual 
election,  and  one  to  serve  until  the  third  annual  election  there- 
after and  a  school  treasurer  to  serve  until  the  annual  election  in 
the  next  even  numbered  year  and  until  his  successor  is  elected 
and  qualified. 

Sec.  671.  POLLING  PLACES,  HOW  ESTABLISHED.  AP- 
POINTMENT OF  ELECTION  OFFICERS.— The  county  superin- 
tendent in  each  county  shall,  at  least  twenty  days  prior  to  the 
first  election  in  the  new  district,  fix  and  designate  some  polling 
place  in  each  school  district  so  located  as  to  be  convenient  for 
the  voters  of  such  district,  and  shall  appoint  two  persons  to 
act  a*s  judges  and  two  to  act  as  clerks  of  the  election  of  such 
school  officers;  such  judges  and  clerks  shall  be  qualified  voters  in 
their  respective  districts.  The  county  superintendent  shall 
notify  in  writing  such  judges  and  clerks  of  their  appointment, 
and  of  the  place  fixed  and  designated  as  the  polling  place  in  their 
respective  districts,  and  shall  furnish  them  with  the  necessary 
blanks  and  poll  books  for  such  election.  He  shall  also  furnish 
one  of  such  clerks  with  three  notices  of  such  election  specifying 
the  time  and  place  at  which  such  election  is  to  be  held,  the  offi- 
cers to  be  elected  and  term  of  each,  which  notices  such  vderk  shall 
post  in  three  of  the  most  public  places  in  the  district  at  least  ten 
days  prior  to  such  election.  The  county  superintendent  shall  fix 
the  date  and  perform  such  other  duties  as  devolve  upon  -him  by 
the  provisions  of  this  section  for  the  first  election  in  any  school 
district  hereafter  formed  under  the  provisions  of  this  chapter, 
and  such  election  shall  be  called  by  the  county  superintendent 
within  thirtv  days  aifter  the  formation  of  such  school*  district. 


STATE  OF  NORTH  DAKOTA.  31 

Sec.  672.  WHO  QUALIFIED  TO  VOTE  OR  HOLD  OFFICE.— 
At  any  election  of  school  officers  in  any  school  corporation  in 
This  state,  all  persons  who  are  qualified  electors  under  the  gen- 
eral laws  of  the  state  and  all  women  twenty-one  years  of  age 
having  the  necessary  qualifications  as  to  citizenship  and  residence 
required  of  male  voters  by  law,  slhall  be  qualified  voters  and  shall 
be  eligible  to  the  office  of  county  .superintendent  of  schools, 
school  director  or  member  of  the  board  of  education  or  school 
treasurer,  or  may  be  judge  or  clerk  of  such  election. 

Sec.  073.  HOURS  POLLS  OPEN.— At  all  elections  for  school 
district  officers,  the  polls  shall  be  opened  at  two  o'clock  p.  in. 
and  closed  at  five  o'clock  p.  m. 

Sec.  074.  NOTICE  OF  ANNUAL  ELECTION.— At  least  fifteen 
days  before  the  third  Tuesday  in  June  of  each  year  the  district 
school  board  of  each  school  district  shall  designate  one  polling 
place  as  convenient  as  possible  to  the  voters  of  such  district  at 
which  such  annual  election  shall  'be  held,  and  shall  cause  notice 
of  such  election  to  be  posited  in  at  least  three  of  the  most  'public 
and  conspicuous  places  within  the  district.  Such  notices  shall 
be  signed  by  the  clerk  or  in  his  absence  by  the  president  of  the 
district  school  board,  and  shall  state  the  time  and  place  of  hold- 
ing such  election  and  the  officers  to  be  elected  and  their  term  of 
office,  and  shall  be  substantially  in  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday  the day  of 

June,  A.  I ) an  election  will  be  held  at 

(here  insert  polling  place)  for  the  purpose  of  electing 

there  insert  officers  to  be  elected  and  term  each  is  to  serve)  for 

school  district  No or  for (here  insert 

name  of  school  district.)     The  polls  will  be  opened  at  two  o'clock 
P.  M.  and  closed  at  five  o'clock  P.  M.  of  that  day. 
By  order  of  school  board, 

Signed, 

Clerk. 

Sec.  075.  JUDGES.  OATH.— At  such  annual  election  any 
two  of  the  directors  of  the  school  district  may  act  as  judges  and 
the  clerk  of  the  district  school  board  and  one  other  person  to  be 
chosen  by  the  voters  present  at  the  opening  of  the  polls,  shall  act 
as  clerks.  The  voters  -present  at  the  opening  of  the  polls  shall 
choose  a  person  to  fill  any  vacancy  caused  by  the  absence  of  either 
of  such  officers  to  act  as  judge  or  clerk  of  such  election.  Before 
opening  the  polls  each  of  the  judges  and  clerks  of  election  shall 
take  and  subscribe  the  following  oath  or  affirmation:  "I  do  sol- 
emnly swear  (or  affirm)  that  I  will  perform  my  duties  as  judge  or 
clerk  (as  the  case  may  be)  according  to  law  and  the  best  of  my 
ability."  Such  oath  or  affirmation  may  be  administered  by  any 


32  GENERAL  SCHOOL  LAWS, 


officer  authorized  to  administer  oaths  or  by  either  of  the  judges  or 
clerks.  Any  school  officer  elected  and  qualified  under  the  pro- 
visions of  this  chapter  is  authorized  and  empowered  to  adminis- 
ter any  oath  or  affirmation  pertaining  in  any  manner  to  school 
offices. 

Sec.  676.  ELECTION,  HOW  CONDUCTED.  CANVASS  OF 
VOTES. — 'Such  election  shall  be  conducted  and  the  votes  can- 
vassed as  provided  by  law  of  general  elections,  except  as  other- 
wise provided  in  this  chapter.  Immediately  after  the  polls  are 
closed  the  judges  shall  proceed  to  count  and  canvass  the  votes 
for  each  person  voted  for  at  such  election  for  any  office,  and  the 
person  receiving  the  highest  number  of  votes  for  the  office  of 
director  or  treasurer  shall  be  declared  elected.  If  the  election 
results  in  a  tie  for  any  such  office  the  district  clerk  shall  immedi- 
ately notify  in  writing  the  parties  having  received  <such  tie  votes, 
and  a  time  shall  be  agreed  upon  by  the  parties,  within  three  days 
after  the  election,  at  which  the  election  shall  be  decided  in  the 
manner  that  may  be  agreed  upon  iby  the  parties,  in  the  presence 
of  the  judges  and  clerks  of  election,  and  a.  record  of  the  proceed- 
ings shall  be  made  in  the  records  of  the  district  clerk. 

Sec.  677.  CERTIFICATES  OF  ELECTION.— The  clerk  of  the 
school  district  shall  within  five  days  after  such  election  furnish 
each  person  elected  to  any  district  office  a  written  notice  of  his 
election,  and  that  he  shall  take  the  oath  of  office  as  such  officer 
on  or  before  the  second  Tuesday  in  July  following  such  election. 
He  shall  also  forward  to  the  county  superintendent  within  ten 
days  after  such  election,  a  certified  list  of  all  the  officers  elected 
thereat. 

Sec.  678.  OATH  OF  OFFICE.— Each  person  elected  to  the 
.office  of  school  director  or  treasurer  shall  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  the  oath  prescribed  in 
section  211  of  the  constitution,  which  oath  shall  be  filed  with  the 
clerk  of  the  school  district  board. 

ARTICLE  5. — ORGANIZATION,  MEETINGS  AND  DUTIES  OF  DISTRICT 

OFFICERS. 

Sec.    679.      DISTRICT    SCHOOL    BOARD.      QUORUM.— The 

three  school  directors  in  each  school  district  shall  constitute  the 
district  school  board.  A  majority  of  the  board  shall  constitute  a 
quorum  and  the  agreement  of  a  majority  shall  be  necessary  to 
the  validity  of  any  contract  entered  into  by  the  board. 

Sec.  680.  ORGANIZATION.  CLERK.— The  school  board 
shall  meet  annually  on  the  second  Tuesday  in  July  and  organize 
by  choosing  one  of  the  members  president,  and  a  competent  per- 


STATE  OF  NORTH  DAKOTA.  33 

&on,  not  a  member  of  the  board,  clerk,  who  shall  hold  his  office 
during  the  pleasure  of  the  board. 

Sec.  681.  (Amended.)— MEETINGS  OF  BOARD.  FEES.— 
The  board  shall  on  the  second  Tuesday  in  January,  April,  July 
and  October  of  each  year,  hold  regular  meetings  for  the  transac- 
tion of  business  at  such  hour  and  place  as  may  be  fixed  by  the 
board.  A  special  meeting  may  be  held  upon  the  call  off  the  pres- 
ident or  of  the  other  two  members.  Written  notice  of  the  time 
and  place  of  any  special  meeting  shall  be  given  to  each  member 
of  the  board  at  least  forty-eight  hours  before  the  time  of  such 
meeting.  Each  member  of  the  board  shall  be  paid  the  sum  of 
eight  dollars  per  annum,  less  two  dollars  for  each  regular  meet- 
ing which  he  fails  to  attend;  provided,  that  the  president,  or  such 
person  as  he  may  appoint  to  represent  the  board,  shall  receive 
ten  cents  a  mile  for  the  distance  necessarily  traveled  in  attending 
general  meetings  of  the  presidents  of  school  boards  convened  by 
the  county  superintendent  of  schools,  and  also  a  salary  of  two 
dollars;  but  the  total  sum  of  such  salary  and  mileage  shall  not 
exceed  five  dollars  in  attending  any  one  meeting. 

Sec.  682.  (Amended.)— DUTIES  OF  THE  PRESIDENT.— The 
president  shall  preside  at  all  meetings  of  the  board  and  shall  per- 
form such  duties  as  usually  pertain  to  such  office  and  in  accord- 
ance with  the  customary  rules  of  order.  In  his  absence  a  presi- 
dent pro  tempore  shall  preside.  The  president  shall  perform 
such  other  duties  as  are  prescribed  in  this  chapter.  It  shall  also 
be  the  duty  of  the  president  to  attend  such  general  meetings  of 
the  presidents  of  school  boards  as  may  be  convened  by  the  county 
superintendent  of  schools.  When  the  president  cannot  attend 
such  meetings  personally  he  shaU  appoint  a  member  of  the  school 
board  or  the  school  clerk  or  school  treasurer  to  represent  the 
school  board  at  such  general  meeting. 

Sec.  683.  DUTIES  OF  CLERK.  COMPENSATION.— The 
clerk  of  the  board  shall  keep  an  accurate  record  of  all  proceedings 
of  the  board,  give  or  post  all  notices,  make  out  all  reports  and 
statements  and  perform  all  other  duties  required  by  laiw  or  by  the 
board.  He  shall  receive  such  compensation  as  shall  be  fixed  by 
vhe  board,  not  less  than  ten  dollars  for  one  school  and  five  dollars 
for  each  additional  school  in  his  district;  provided,  that  such 
salary  shall  not  exceed  forty  dollars  in  any  one  year. 

Sec.  684.  TREASURER'S  BOND,  HOW  APPROVED.  VA- 
CANCY, HOW  FILLED.— The  school  treasurer  shall,  on  or  before 
1he  second  Tuesday  in  July  following  his  election  and  before 
entering  upon  his  duties  give  a  bond  to  the  school  district  con- 
ditioned for  the  honest  and  faithful  discharge  of  his  duties  and 
that  he  will  render  a  true  account  of  all  funds  and  property  that 


34  GENERAL  SCHOOL  LAWS, 

shall  come  into  his  hands  and  pay  and  deliver  the  same  according 
to  law.  Such  bond  shall  be  in  saich  sum  as  may  be  fixed  by  the 
board,  but  not  less  than  double  the  sum  to  come  into  his  hands  in 
any  one  year  as  nearly  as  may  be  ascertained,  which  bond  shall 
be  signed  by  two  or  more  sufficient  sureties  to  be  approved  by 
the  school  board.  In  case  the  school  board  neglects  or  refuses 
to  approve  the  bond  of  such  treasurer  and  the  sureties  thereon, 
such  treasurer  may  present  the  same  to  the  county  superintend- 
ent and  serve  notice  thereof  upon  the  board  and  due  proof  of  such 
notice  being  made  to  the  county  superintendent,  he  shall,  unless 
good  cause  for  delay  appears,  proceed  to  hear  and  determine  the 
sufficiency  of  the  bond  and  the  sureties  thereon,  and  may  approve 
or  disapprove  the  same  as  the  facts  warrant.  In  case  a  vacancy 
occurs  in  the  office  of  district  treasurer,  it  shall  be  the  duty  of 
the  county  treasurer  of  the  county  wherein  isiuch  school  district 
is  located,  upon  being  notified  by  the  county  superintendent  or 
clerk  of  such  school  district  that  such  vacancy  exists,  to  perform 
the  duties  of  treasurer  gf  such  school  district  until  the  vacancy 
is  duly  filled. 

Sec.  685.  WHEN  ADDITIONAL  BONDS  REQUIRED.— 
Whenever  the  amo-unt  in  the  hands  of  the  treasurer  or  subject  to 
his  order  exceeds  two-thirds  of  the  penal  sum  of  his  bond  or 
when  in  the  judgment  of  the  board  or  of  the  county  superintend- 
ent the  security  on  such  bond  is  impaired,  the  board  or  county 
superintendent  shall  require  an  additional  bond.  If  the  treas- 
urer fails  for  twenty  days  to  give  such  additional  bond  the  office 
shall  be  declared  vacant  and  the  vacancy  shall  be  filled  as  pro- 
vided by  this  chapter. 

Section  1.  Chap.  187,  Laws  1901.  SURETY  BONDS.— 
That  every  person  hereafter  eleted  to  the  office  of  district 
school  treasurer  within  the  -state  of  North  Dakota,  be,  and  is 
hereby  required  to  give  an  official  bond  in  a  penal  sum  to  be 
fixed  by  the  board  of  directors,  which  bond  shall  not  be  in  a 
less  penal  sum  than  double  the  amount  of  money  likely  to 
come  into  his  hands  in  any  one  year,  and  such  board  may  by 
resolution  require  thatt  such  bond  'shall  be  executed  by  some 
(responsible  fidelity  or  surety  company  authorized  and  quali- 
fied to  do  businesis  in  the  state  of  North  Dakota,  and  subject 
to  approval  as  provided  by  law;  provided,  further,  if  a  surety 
bond  is  given  it  'shall  be  given  for  a  sum  fixed  by  the  board 
of  directors. 

Sec.  2.  Chap.  187,  Laws  1891.  PREMIUMS  FOR 
SURETY  BOND. — The  amount  of  premiums  for  such  surety 
or  fidelity  bond  shall  be  audited  by  the  board  of  directors 
and  paid  out  of  the  general  fund  of  the  district. 


STATE  OF  NORTH  DAKOTA.  35 

Sec.  686.  SCHOOL  FUNDS,  HOW  PAID  OUT.— The  school 
treasurer  shall  keep  such  accounts  and  make  such  reports  as  are 
required  of  him  by  law  and  shall  publish  his  annual  statement  in 
a  newspaper  published  in  the  nearest  city  or  town  to  his  district. 
He  shall  pay  no  money  out  of  the  school  funds  in  his  hands  except 
upon  the  warrant  of  the  school  board,  signed  by  the  president 
and  countersigned  by  the  clerk.  He  shall  pay  all  warrants  prop- 
erly drawn  and  signed  when  presented,  if  there  is  any  money  in 
his  hands  or  subject  to  his  order  for  their  payment. 

Sec.  687.  WARRANTS  TO  BE  INDORSED  WHEN  NO 
-FUNDS  TO  PAY. — When  a  warrant  is  presented  to  the  treasurer 
for  payment  and  there  is  no  money  in  his  hands  or  subject  to  his 
order  belonging  to  the  proper  fund  for  the  payment  of  such  war- 
rant, he  shall  indorse  on  such  warrant  "'presented  for  payment 

this. . .  .day  of ,  190.  ..  and  not  paid  for  want  of  funds/' 

and  shall  sign  such  indorsement.  If  he  has  in  his  hands  or  sub- 
ject to  his  order  money  for  the  part  payment  of  such  warrant, 
he  shall  make  such  part  payment  and  indorse  the  sum  on  the 
warrant  and  add  "balance  not  paid  for  want  of  funds,"  signing 
the  same.  He  shall  keep  a  correct  register  of  all  warrants  so 
presented  and  indorsed.  Each  warrant  thus  presented  and  in- 
dorsed shall  draw  interest  on  the  amount  unpaid  at  eight  per 
cent  per  annum  from  the  date  of  such  presentation  and  indorse- 
ment until  paid;  provided  that  when  there  shall  come  into  the 
hands  of  the  treasurer  or  subject  to  his  order  money  applicable 
to  the  payment  of  any  warrant  which  has  been  so  presented  and 
registered,  the  treasurer  shall  notify  in  writing  by  mail  the 
drawee  of  such  warrant  at  his  last  known  place  of  residence  to 
present  such  warrant  for  payment,  and  interest  shall  cease  upon 
every  such  warrant  ten  days  after  such  notice  shall  have  been 
sent,  and  such  money  shall  be  held  for  the  payment  of  such  war- 
rant. 

Sec.  688.  WARRANTS,  WHAT  TO  SPECIFY.— Each  war- 
rant drawn  by  the  clerk  of  the  board  on  the  district  treasurer 
must  specify  the  purpose  for  which  it  is  drawn,  the  fund  on  which 
it  is  drawn,  and  the  person  to  whom  payable;  and  no  warrant 
shall  be  issued  except  for  an  indebtedness  incurred  prior  to  its 
issue. 

Sec.  689.  OATHS  AND  BONDS,  WHERE  TO  BE  FILED.— 
All  official  oaths  and  'bonds  of  school  district  officers  shall  be 
filed  with  the  district  clerk,  who  shall  immediately  certify  to  the 
county  superintendent  the  fact  of  such  oaths  and  bonds  being 
filed.  (Said  clerk  shall  file  school  treasurer's  bond  with  county 
auditor  after  such  bond  has  been  approved  by  the  district  school 
board,  as  provided  in  this  chapter.  In  case  of  the  breach  of  any 


36  GENERAL  SCHOOL  LAWS, 

of  the  conditions  of  the  treasurer's  bond,  the  board,  through  its 
president,  and  in  case  of  his  refusal  so  to  do,  the  county  superin- 
tendent shall  cause  an  action  to  be  commenced  and  prosecuted 
thereon  in  the  corporate  name  of  the  district,  and  any  money  col- 
lected for  the  district  shall  be  paid  to  the  district  treasurer  and 
any  money  collected  for  fines  shall  be  paid  into  the  county  treas- 
ury and  be  credited  to  the  general  school  fund  of  the  state.  If 
the  board  and  county  superintendent  'both  fail  or  refuse  to  bring 
such  action  any  taxpayer  in  the  district  may  commence  and 
prosecute  such  action,  and  the  necessary  expense  thereof  shall 
be  paid  out  of  the  district  treasury  unless  otherwise  ordered  by 
the  court. 

AKTICLE  6. — POWERS  AND  DUTIES  OF   DISTRICT  SCHOOL  BOARDS. 

Sec.  690.  SALARY  OF  SCHOOL  TREASURER,— The  school 
treasurer  shall  be  paid  for  his  services  such  sum  as  shall  be  fixed 
by  the  board  not  less  than  five  nor  more  than  twenty :five  dollars 
per  annum. 

Sec.  691.  GENERAL  POWERS.— The  district  school  board 
shall  have  the  general  charge,  direction  and  management  of  the 
schools  of  the  district,  and  the  care,  custody  and  control  of  all 
the  property  belonging  to  it,  subject  to  the  provisions  of  this 
chapter. 

Sec.  692.  POWER  TO  ESTABLISH  SCHOOLS.— It  shall  or- 
ganize, maintain  and  conveniently  locate  schools  for  the  education 
of  children  of  school  age  within  the  district,  and  change  or  dis- 
continue any  of  them  in  the  cases  provided  by  law. 

Sec.  693.  REPAIRS,  FUEL  AND  SUPPLIES.— It  shall  make 
all  necessary  repairs  to  the  school  houses,  outbuildings  and  ap- 
purtenances, and  shall  furnish  fuel  and  all  necessary  supplies  for 
the  schools. 

Sec.  694.  FURNITURE,  MAPS,  REGISTERS,  SCHOOL  LI- 
BRARY.— It  shall  furnish  to  each  school  all  necessary  and  suit- 
able furniture,  maps,  charts  and  apparatus,  including  Webster's 
International  Dictionary.  The  school  registers  and  all  school 
blanks  used  shall  be  those  furnished  by  the  state  department  of 
public  instruction.  It  shall  have  power  to  purchase  and  keep 
for  the  use  of  the  inhabitants  of  the  school  district  a  circulating 
library  of  the  value  of  not  more  than  fifty  dollars,  to  be  selected 
by  the  school  board  from  any  list  of  books  approved  by  the  super- 
intendent of  public  instruction,  and  furnished  by  the  county 
superintendents  for  that  purpose,  and  it  shall  not  purchase  any 
books  not  contained  in  such  list.  With  the  consent  of  a  majority 
of  the  voters  of  the  district  at  a  meeting  duly  called  for  that  pur- 


STATE  OF  NORTH  DAKOTA.  37 

pose,  due  notice  of  which  has  been  given  as  provided  by  law  for 
other  meetings  of  the  voters  of  the  school  district,  the  district 
school  board  may  purchase  and  select  a  library  of  the  value  of 
more  than  fifty  dollars  but  not  to  exceed  one  hundred  dollars  in 
value.  It  shall  have  the  care  and  custody  of  the  library  and 
may  appoint  as  librarian  any  suitable  person  including  one  of 
Their  own  number.  It  shall  make  rules  to  govern  the  circula- 
tion and  care  of  the  books  while  in  the  hands  of  pupils  or  other 
persons  and  may  impose  and  collect  penalties  for  injuries  done 
to  any  book  by  the  act,  negligence  or  permission  of  the  person 
who  takes  the  same  or  while  in  his  possession.  No  book  shall  be 
loaned  for  a  longer  period  than  twTo  weeks  at  any  time  to  any  one 
person  and  never  to  any  person  not  a  resident  of  the  district.  The 
library  shall  be  open  at  least  once  each  week  for  the  accommoda- 
tion of  its  patrons.  It  shall,  under  proper  rules  permit  teachers 
to  take  books  from  the  library  to  their  'Schools  for  use  in  illustrat- 
ing any  subject  and  for  instruction.  It  may  at  any  time  exchange 
any  part  or  all  of  its  library  with  any  other  district  or  person,  so 
!ar  as  different  books  may  be  so  obtained,  for  equal  values  of  the 
books  exchanged,  and  may  at  any  time  accept  donations  of  books 
for  the  library,  but  it  shall  exclude  therefrom  all  'books  unsuited 
to  the  cultivation  of  good  character  and  good  morals  and  man- 
ners, and  no  sectarian  publications  devoted  to  the  discussion  of 
sectarian  differences  and  creeds  shall  be  admitted  to  the  library. 

Sec.  695.  TEACHERS,  HOW  EMPLOYED.  SALARIES, 
HOW  GRADED.— It  shall  employ  the  teachers  of  the  school  dis- 
trict, and  may  dismiss  a  teacher  at  any  time  for  plain  violation 
of  contract,  gross  immorality  or  flagrant  neglect  of  duty.  No 
person  shall  be  permitted  to  teach  in  any  public  school  who  is  not 
the  holder  of  a  teacher's  certificate  or  a  permit  to  teach,  valid  in 
the  county  or  district  in  which  such  school  is  situated ;  and  every 
contract  for  the  employment  of  a  teacher  must  be  in  writing,  and 
such  contract  must  be  executed  before  such  teacher  begins  to 
teach  in  such  schools.  It  shall  grade  the  salaries  of  teachers  for 
rhe  -district  in  accordance  writh  the  grades  of  certificates,  and  no 
teacher  holding  a  certificate  of  a  lowrer  grade  shall  be  paid  a  sal- 
ary equal  to  or  in  excess  of  that  paid  to  a  teacher  holding  a  cer- 
lificate  of  a  higher  grade  in  the  same  district. 

Sec.  696.  PUPILS  PROM  OTHER  DISTRICTS.— It  shall  have 
the  power  to  admit  to  the  schools  in  the  district  pupils  from 
other  districts  when  it  can  be  done  without  injuring  or  over- 
crowding such  schools,  and  shall  make  regulations  for  their  ad- 
mission and  the  payment  of  their  tuition.  It  shall  have  the 
power  to  arrange  with  the  board  of  an  adjacent  district  for  send- 
ing to  such  district  such  pupils  as  can  conveniently  be  taught 
therein,  and  for  paying  their  tuition.  .  It  shall  have  the  power 


38  GENERAL  SCHOOL  LAWS, 

to  admit  to  the  schools  in  the  district  pupils  residing  in  unorgan- 
ized territory  adjacent  to  the  district,  and  shall  arrange  with  the 
parents  or  guardians  of  such  pupils  for  paying  their  tuition;  hut 
in  no  instance  shall  a  board  refuse  school  privileges  to  or  collect 
tuition  from  pupils  residing  in  such  adjacent  unorganized  terri- 
tory if  the  parents  o»f  such  pupils  are  property  holders  in  the  dis- 
trict and  pay  taxes.  It  shall  also  have  the  power  to  make  proper 
and  needful  rules  for  the  assignment  and  distribution  of  pupils 
to  and  among  the  schools  in  the  district  and  their  transfer  from 
one  school  to  another. 

Sec.  697.  RULES.  SUSPENSION  OF  PUPILS.— It  shall  as- 
sist and  co-operate  with  teachers  in  the  government  and  discipline- 
of  the  schools,  and  may  make  proper  rules  and  regulations  there- 
for. It  may  suspend  or  expel  from  school  any  pupil  who  is  in- 
subordinate  or  habitually  disobedient,  tout  such  suspension  shall 
not  be  for  a  longer  period  than  ten  days  nor  »uch  expulsion  beyond 
the  end  of  the  current  term  of  school. 

Sec.  698.  BRANCHES  OF  STUDY.— Subject  to  the  approval 
of  the  county  superintendent,  it  shall  have  power  to  determine 
what  branches,  if  any,  in  addition  to  those  required  by  law  shall 
be  taught  in  any  school  of  the  district. 

Sec.  699.  TAX  LEVY.  NOTICE  TO  COUNTY  AUDITOR.— 
It  shall  have  power  to  levy  upon  the  property  in  the  district  a  tax: 
for  school  purposes  of  not  exceeding  thirty  mills  on  the  dollar 
in  any  year,  which  levy  shall  be  made  by  resolution  of  the  board 
prior  to  the  twentieth  day  of  July.  The  clerk  shall  immediately 
thereafter  notify  in  writing  the  county  auditor  of  the  amount  of 
lax  so  levied.  It  shall  not  have  power  to  abate  or  reduce  the 
amount  of  tax  so  levied  after  the  county  auditor  has  been  notified 
of  the  amount  of  such  levy. 

Sec.  700.  WHEN  SCHOOL  HOUSES  CAN  BE  USED  FOR 
OTHER  PURPOSES.— It  may  permit  a  school  house,  when  not 
occupied  for  school  purposes,  to  be  used  under  careful  restric- 
tions for  any  proper  purpose,  giving  equal  rights  and  privileges 
to  all  religious  denominations  or  political  parties,  but  for  any 
such  use  or  privilege  it  shall  not  be  at  any  cost  for  fuel  or  other- 
wise to  the  district.  Nor  shall  any  furniture  which  is  fastened 
to  the  floor  be  removed,  and  whoever  removes  any  school  furni- 
ture for  any  other  purpose  than  repairing  the  same  or  for  repair- 
ing the  school  room  shall  be  guilty  of  a  misdemeanor  and  shall 
be  fined  not  less  than  five  nor  more  than  ten  dollars  for  each 
offense.  All  fines  'imposed  and  collected  under  the  provisions 
of  this  section  shall  be  paid  into  the  general  school  fund  of  the 
state. 


STATE  OF  NORTH  DAKOTA.  39 

Sec.  701.  SCHOOL  HOUSES  AND  SITES,  HOW  DETER- 
MINED.— Whenever  in  the  judgment  of  the  board  it  is  desirable 
or  necessary  to  the  welfare  of  the  schools  in  the  district  or  to 
provide  for  the  children  therein  proper  school  privileges,  or  when- 
ever petitioned  so  to  do  iby  one-third  of  the  voters  in  the  district, 
the  board  shall  call  a  meeting  of  the  voters  in  the  district  at  some 
convenient  time  and  place  fixed  by  the  board  to  vote  upon  the 
question  of  the  selection,  purchase,  exchange  or  sale  of  a  school 
house  site,  or  the  erection,  removal  or  sale  of  a  school  house. 
Said  election  shall  be  conducted  and  votes  convassed  in  the  same 
manner  as  at  the  annual  election  of  school  officers.  Three  notices 
of  the  time,  place  and  purpose  of  such  meeting  shall  be  posted  in 
three  public  places  in  the  district  'by  the  clerk,  'at  least  ten  days 
prior  to  such  meeting.  If  a  majority  of  the  voters  present  at 
such  meeting  shall  by  vote  select  a  school  house  site,  or  shall  be 
in  favor  of  the  purchase,  exchange  or  sale  of  the  school  house,  as 
the  case  may  'be,  the  board  shall  locate,  purchase,  exchange  or 
tell  such  site,  or  erect,  remove  or  sell  such  school  bo-use,  as  the 
case  may  be,  in  accordance  with  such  vote;  provided,  that  it  shall 
require  a  vote  of  two-thirds  of  the  voters  present  and  voting  at 
such  meeting  to  order  the  removal  of  the  school  house  and  such 
school  house  so  removed  cannot  again  be  removed  within  three 
years  from  the  date  of  such  meeting. 

Sec.  702.  SCHOOL  HOUSE  SITES,  HOW  OBTAINED.— The 
school  board  of  any  school  district  may  take  in  the  corporate 
name  thereof,  any  real  property  not  exceeding  two  acres  in  area 
chosen  as  a  site  for  school  house,  as  provided  in  this  chapter,  and 
may  hold  and  use  such  tract  for  school  purposes  only.  Should 
4he  owner  of  such  real  property  refuse  or  neglect  to  grant  and 
convey  such  site,  a  site  for  such  school  house  may  be  obtained  by 
proceeding  in  eminent  domain  as  provided  in  the  code  of  civil 
procedure.  If  the  site  so  selected  is  not  used  for  the  purposes 
tor  which  it  is  taken  for  two  successive  years,  it  shall  revert  to 
the  original  owner  or  his  assigns  upon  repayment  of  the  sum 
originally  paid  by  the  corporation  together  with  a  reasonable 
consideration  for  the  improvement.  If  such  owner  or  his  assigns 
neglects  or  refuses  to  make  such  repayment  for  one  year  after 
demand  therefor  by  the  board  such  site  shall  be  the  property  of 
the  district. 

Sec.  703.  SCHOOLS  TO  BE  ORGANIZED  ON  PETITION.— If 
a  petition  signed  by  the  persons  charged  with  the  support  and 
having  the  custody  and  care  of  nine  or.  more  children  of  school 
age,  all  of  whom  reside  not  less  than  two  and  one4ialf  miles  from 
The  nearest  school  is  presented  to  the  board  asking  for  the  organ- 
ization of  a  school  for  such  children,  the  board  snail  organize 
such  school  and  employ  a  teacher  therefor  if  a  suitaible  room  for 


40  GENERAL  SCHOOL   LAWS, 

such  school  can  be  leased  or  rented  at  some  proper  location,  not 
more  than  two  and  one-half  miles  distant  from  the  residence  of 
any  one  of  such  children,  and  if  such  petition  is  signed  by  the 
persons  charged  with  the  support  and  having  the  custody  and 
care  of  twelve  or  more  such  children  the  board  shall  organize  a 
school  and  employ  a  teacher  therefor,  and  if  no  suitable  room  for 
such  school  can  be  leased  or  rented,  the  board  shall  call  a  meet- 
ing of  the  voters  of  the  district  for  the  selection  and  purchase  of 
a  school  house  site  therefor  and  the  purchase  or  erection  of  a 
school  house  as  provided  for  in  section  701.  If  at  such  meeting 
no  isuch  site  is  selected  or  if  it  is  not  voted  to  erect  or  purchase  a 
school  house  for  such  school  the  board  shall  select  and  purchase 
a  school  house  site,  and  erect,  purchase  or  move  thereon  a  school 
house  at  a  cost  of  not  more  than  seven  hundred  dollars  for  such 
house  and  furniture  therefor;  provided,  that  the  provisions  of  this 
section  shall  not  apply  in  instances  where  schools  have  been  con- 
solidated in  accordance  with  the  provisions  of  section  704. 

Sec.  704.     SCHOOL  TERMS,  HOW  ARRANGED  AND  WHEN 
1  aSCONTINUED.     CONSOLIDATION  OF  COMMON  SCHOOLS. 

—The  district  hoard  shall  determine  and  nx  the  length  of  time 
the  schools  in  the  district  shall  be  taught  each  year,  and  when 
each  term  of  school  shall  begin  and  end.  It  shall  so  arrange  such 
terms  a,s  to  accommodate  and  furnish  school  privileges  equally 
and  equitably  to  pupils  of  all  ages;  provided,  that  every  common 
school  shall  be  kept  in  ses'sion  for  not  less  than  four  months  in 
each  school  year,  and  in  every  district  in  which  the  number  of 
persons  of  school  age  is  an  average  of  fifteen  or  more  to  the 
school,  each  school  shall  'be  kept  in  session  for  not  less  than  six 
months  in  each  school  year;  provided  further,  that  any  school  may 
be  discontinued  when  the  average  attendance  of  pupils  therein  for 
ton  consecutive  days  shall  be  lesis  than  four,  and  all  contracts  be- 
tween school  Boards  and  teachers  shall  contain  a  provision  that 
no  compensation  shall  be  received  by  such  teacher  from  the  date 
of  such  discontinuance,  or  when,  with  the  consent  of  a  majority  of 
Ihe  patrons  of  such  'school,  proper  and  convenient  school  facili- 
ties can  be  provided  for  the  pupils  therein  in  some  other  school; 
provided  further,  that  a  board  may  call,  and  if  petitioned  by  a 
majority  of  the  voters  in  the  district,  shall  call  an  election  to  de- 
termine the  question  of  consolidating  two  or  more  common 
schools,  and  of  selecting  a  site  and  erecting  a  suitable  building 
or  of  making  suitable  additions  to  buildings  already  erected,  to 
accommodate  the  pupils  pf  schools  to  be  vacated.  Said  elections 
shall  be  conducted  both  as  to  notices  and  as  to  manner  of  canvass- 
ing the  votes  in  the  same  manner  as  the  annual  school  election. 
If  two-thirds  of  the  votes  cast  at  such  election  are  in  favor  of 
consolidating  two  or  more  schools  and  of  providing  a  suitable 


STATE   OF  NORTH  DAKOTA. 


building  for  the  accommodation  of  the  pupils  of  vacated  schools, 
then  the  board  shall  make  all  necessary  arrangements  to  carry 
out  the  decision  of  the  district.  The  board  shall  arrange  for  the 
transportation  of  pupils  to  and  from  such  general  school.  It 
shall  establish  routes  of  travel,  adopt  rules  and  regulations  for 
such  transportation  and  shall  contract  with  responsible  parties 
lor  such  transportation. 

Sec.  705.  ADDITIONAL  SCHOOL  TIME.— If  a  majority  of 
the  patrons  of  any  school  averaging  for  its  last  term  twelve  or 
more  pupils  in  daily  attendance,  shall  (petition  the  board  to  con- 
tinue such  school  for  an  additional  time,  not  exceeding  nine 
months  in  any  school  year,  the  board  shall  continue  such  school 
for  that  lengtli  of  time,  if  there  are  funds  in  the  treasury  sufficient 
for  that  purpose. 

Sec.  TOG.  DISTRICT  HIGH  SCHOOLS,  HOW  ESTABLISHED 
AND  CONTROLLED. — In  any  district  containing  four  or  more 
common  schools  and  having  an  enumeration  of  sixty  or  more 
persons  of  school  age  residing  therein  the  board  may  call,  and  if 
petitioned  so  to  do  by  ten  or  more  voters  in  the  district,  shall  call 
a  meeting  of  the  voters  of  such  district  in  the  manner  prescribed 
in  section  700  to  determine  the  question  of  the  establishment  of 
a  district  high  school.  If  a  majority  of  the  voters  at  such  meet- 
ing vote  in  favor  of  establishing  such  high  school,  the  meeting 
shall  further  proceed  to  select  a  site  therefor  and  to  provide  fof 
the  erection  or  purchase  of  a  school  'building,  or  for  the  necessary 
addition  to  some  school  building  therefor.  Thereupon  the  board 
shall  erect  or  purchase  a  building  or  make  such  addition  for  such 
high  school,  as  shall  'be  determined  at  such  meeting,  and  shall 
establish  therein  a  district  high  school  containing  one  or  more 
departments,  and  employ  teachers  therefor.  Such  school  shall 
be  kept  in  session  for  such  time  each  year  not  less  than  three 
months,  as  the  board  may  determine.  The  board  shall,  subject 
to  the  approval  of  the  county  superintendent,  grade  such  high 
school  and  prescribe  the  studies  to  be  pursued  therein,  and  shall 
have  the  same  management  and  control  thereof  as  of  the  common 
schools  in  the  district.  Two  or  more  adjacent  school  districts 
may  join  in  the  establishment  and  maintenance  of  such  high 
school,  when  empowered  so  to  do  by  a  majority  Of  the  voters  in 
-each  district  at  a  meeting  called  and  held  as  provided  for  in  this 
section,  in  which  case  the  building  and  furniture  occupied  and 
used  for  such  high  school  shall  belong  to  the  districts  so  uniting, 
and  all  the  costs  of  maintaining  such  school,  including  wages  of 
teachers  and  all  necessary  supplies  shall  be  paid  by  such  districts 
in  proportion  to  the  assessed  valuation  of  the  property  in  each, 
and  the  employment  of  teachers  therefor,  and  the  management, 
•control  and  grading  thereof  shall  be  vested  in  the  joint  boards  of 


42  GENERAL  SCHOOL  LAWS, 

such  districts,  subject  to  the  approval  of  the  county  superintend- 
ent of  the  county  in  which  such  school  is  situated. 

Sec.  707.  SCHOOL  CENSUS.  ANNUAL  SCHOOL  RE- 
PORT.— The  (board  shall  cause  the  clerk  to  make  an  enumeration 
each  year  of  all  unmarried  persons  of  school  age,  being  over  six 
and  under  twenty  years  of  age.  having  their  legal  residence  in  the 
district  on  the  first  day  of  June  of  that  year,  giving  the  names  and 
ages  of  such  persons  and  the  names  of  the  parents  or  guardians 
having  the  care  and  custody  of  each.  iSuch  enumeration  shall  be 
made  upon  and  in  accordance  with  the  blanks  furnished  therefor 
by  the  county  superintendent  and  shall  be  returned  to  the  county 
superintendent  prior  to  the  twentieth  day  of  June.  A  copy  of. 
such  enumeration  shall  also  be  kept  in  the  office  of  the  district 
clerk.  The  board  shall  also  cause  the  district  clerk  to  make  out 
an  annual  report  for  the  year  beginning  July  first  and  ending 
June  thirtieth,  containing  such  financial  and  statistical  state- 
ments and  items  as  shall  be  required  by  the  superintendent  of 
public  instruction  upon  and  in  accordance  with  the  blanks  fur- 
nished therefor  by  the  county  superintendent.  Such  repoTt  shall 
be  carefully  examined  and  certified  as  correct  by  the  board  at  its 
regular  meeting  in  July  and  transmitted  to  the  county  superin- 
tendent prior  to  the  first  day  of  August  following.  A  copy  of 
such  report  shall  be  filed  in  the  district  clerk's1  office;  provided, 
that  special  school  districts,  independent  districts  and  districts 
organized  for  school  purposes  under  special  law,  shall  enumer- 
ate their  children  of  school  age  on  the  first  day  of  December,  or 
within  the  next  twenty  days  following,  and  such  enumeration 
shall  be  reported  to  the  county  superintendent  by  the  clerk. 

Sec.  708.  RECORDS  OPEN  TO  INSPECTION.— All  reports, 
books,  records,  vouchers,  contracts  and  papers  relating  to  school 
business  in  a  school  district  in  the  office  of  the  clerk  or  trea.surer, 
shall  at  all  times  be  open  to  the  inspection  of  any  director,  who 
shall  advise  and  aid  in  securing  correct  records  and  accounts  and 
legal  reports,  and  they  shall  likewise  be  open  to  the  superin- 
tendent of  public  instruction,  and  county  superintendent  and  any 
particular  paper  or  record  shall  be  exhibited  at  reasonable  hours 
to  any  voter  or  taxpayer. 

Sec.  709.  RECORDS  AND  TEACHING  IN  ENGLISH.— All 
reports  and  records  of  school  officers  and  proceedings  of  all  school 
meetings  shall  be  in  the  English  language,  and  if  any  money  be- 
longing to  any  district  shall  be  expended  in  supporting  a  school  in 
which  the  English  language  shall  not  be  taught  exclusively,  the 
county  superintendent  or  any  tax  payer  of  the  school  corporation 
may  in  a  civil  action  in  the  name  of  the  corporation  recover  for 
such  corporation  all  such  money  from  the  officer  so  expending  it 
or  ordering  or  voting  for  its  expenditure. 


STATE  OF  NORTH  DAKOTA. 


Section  1.  Chap.  188,  Laws  1901.—  STABLES  IX  RURAL 
DISTRICTS.  —  If  in  any  rural  school  district,  a  petition 
signed  by  the  persons  charged  with  the  support  and  having 
rthe  custody  and  care  of  eight  or  more  children  of  school  age 
is  presented  to  the  school  board  asking  for  the  building  of  a 
suitable  staible  upon  the  school  site,  the  board  shall  provide 
such  staible  without  unnecessary  delay. 

Sec.  2.  Chap.  188,  Laws  1001.—  HITCHING  POSTS.—  It 
shall  be  the  duty  of  the  school  'board  in  rural  districts  to  pro- 
vide four  substantial  hitching  posts  for  each  school  site  in 
the  district. 

ARTICLE  7.  —  SCHOOL  FUNDS. 

Sec.  710.  STATE  TUITION  FUND,  HOW  RAISED.—  The  net 
proceeds  arising  from  all  fines  and  penalties  for  violation  of  state 
laws,  from  leasing  the  school  lands  and  the  interest  and  income 
from  the  state  permanent  school  fund  shall  be  collected  and  paid 
into  the  state  treasury  in  the  same  manner  as  is  provided  by  law 
for  the  collection  and  payment  of  state  taxes,  and  shall  consti- 
tute the  state  tuition  fund,  which  shall  be  apportioned  among 
^iie  several  counties  of  the  state  in  proportion  to  the  number  of 
children  of  school  age  in  each  as  shown  by  the  last  enumeration 
authorized  by  law. 

Sec.  711.  COUNTY  TREASURER  TO  REPORT  STATE  TUI- 
TION FUND  QUARTERLY.  SUPERINTENDENT  OF  PUBLIC 
INSTRUCTION  APPORTIONS.—  It  shall  be  the  duty  of  the 
county  treasurer  to  receive  from  the  proper  officers  the  net  pro- 
ceeds of  fines,  penalties  and  forfeitures  for  violation  of  /state 
laws,  and  all  moneys  arising  from  leasing  school  lands  within 
the  county,  and  to  forward  a  detailed  statement  of  moneys  so 
collected,  specifying  the  amount  received  from  each  of  the  above 
sources,  to  the  state  auditor  at  the  same  time  that  he  is  required 
to  make  reports  of  other  moneys  to  such  auditor.  It  shall  be  the 
duty  of  the  state  auditor  on  or  'before  the  third  Monday  in  Febru- 
ary, May,  August  and  November  in  each  year  to  certify  to  the 
superintendent  of  public  instruction  the  amount  of  the  state  tui- 
tion fund,  and  the  superintendent  of  public  instruction  shall  im: 
mediately  apportion  such  fund  among  the  several  counties  of  the 
state  in  proportion  to  the  number  of  children  of  school  age  re- 
siding in  each  as  ishown  by  the  last  enumeration  provided  for  by 
law  and  certify  to  the  state  auditor,  state  treasurer  and  to  the 
county  treasurer  and  county  superintendent  of  each  county,  the 
amount  apportioned  to  the  respective  counties.  Immediately 
upon  receipt  of  such  apportionment  from  the  state  superin- 
tendent as  herein  provided,  the  state  auditor  shall  draw  a  war- 


44  GENERAL  SCHOOL  LAWS, 

rant  upon  the  'State  treasurer  for  the  full  amount  of  the  state 
tuition  fund  apportioned  to  the  iseveral  counties  and  shall  de- 
liver the  same  to  the  state  treasurer,  taking  his  receipt  therefor, 
and  shall  notify  the  several  county  treasurers  of  the  amounts  due 
their  respective  counties  and  that  such  warrant  has  been  issued 
therefor  and  the  state  treasurer  shall  pay  on  snch  warrant  to  the 
several  county  treasurers  the  amount  due  their  respective  coun- 
ties; provided,  however,  that  all  moneys  arising  from  interest  on 
the  permanent  school  fund  and  from  leasing  school  lands  shall 
be  apportioned  under  a  separate  item  and  such  money  shall  be 
taken  account  of  as  a  separate  item  by  all  officers  making  or  cer- 
tifying such  apportionment,  or  through  whose  hands  any  portion 
of  Mich  fund  shall  pass  and  it  is  further  made  the  duty  of  the  dis- 
trict treasurer  to  keep  such  fund  separate  from  all  other  funds 
and  if  at  the  close  of  the  school  year  any  part  of  such  fund  which 
was  apportioned  prior  to  the  third  Monday  of  November  of  such 
year  remains  in  the  hands  of  the  district  treasurer,  he  shall  re- 
turn the  same  to  the  county  treasurer,  taking  his  receipt  therefor, 
and  the  county  treasurer  shall  return  all  isuch  funds  so  returned 
or  that  were  not  drawn  by  the  district  treasurer  from  the  county 
treasury  to  the  state  treasurer  who  shall  receipt  for  the  same, 
jmd  the  county  treasurer  shall  certify  to  the  state  auditor  the 
amo'unt  so  returned  to  the  state  treasurer. 

Sec.  712.  FUNDS  DEFINED.  HOW  USED.— All  money  re- 
ceived by  the  school  district  from  the  apportionment  made  by 
the  superintendent  of  public  instruction  shall  constitute  and  be 
designated  the  state  tuition  fund.  All  money  received  from  dis- 
trict taxes,  from  subscription,  from  sale  of  property,  or  from  any 
other  iSource  whatever  except  from  apportionment  made  by  the 
superintendent  of  public  instruction,  shall  be  designated  the 
special  fund.  In  addition  to  the  state  tuition  fund  and  the 
special  fund,  a  sinking  fund  may  be  established  ais  provided  by 
this  article.  The  state  tuition  fund  shall  (be  used  only  in  the  pay- 
ment of  teachers'  wages;  provided,  that  if  the  state  tuition  ap- 
portioned to  any  district  in  any  one  year  is  insufficient  for  the 
payment  of  teachers'  wages  in  such  district  any  money  on  hand  or 
available  belonging  to  the  special  fund  of  such  district  may  be 
applied  to  meet  such  deficiency;  provided,  further,  that  if  the  state 
tuition  fund  apportioned  to  any  one  district  in  any  one  year  is 
more  than  sufficient  for  the  payment  of  teachers'  wages  in  such 
district  the  portion  of  such  fund  in  excess  of  the  amount  so  re- 
quired may  be  applied  to  the  payment  of  warrants  drawn  upon 
the  special  fund  of  such  district,  if  such  district  has  school  the 
required  number  of  months  during  such  year  as  required  by  law. 

Sec.  713.  FUNDS  CONTROLLED  AND  PAID  OUT  BY  DIS- 
TRICT TREASURER.— All  funds  shall  be  kept  in  the  possession 


STATE  OF  NORTH  DAKOTA.  45, 

or  under  the  control  of  and  paid  out  by  the  district  treasurer., 
except  as  otherwise  provided  in  this  chapter,  and  he  shall  keep- 
one  general  account  for  each  district  of  the  entire  receipts  and 
expenditures,  and  separate  itemized  accounts  as  herein  provided 
for  each  class  of  receipts  and  expenditures.  His  books  shall  at 
all  times  show  by  entries  under  proper  heads  all  receipts  of  funds 
and  payments  made  therefrom,  so  as  to  enalble  any  person  read- 
ily to  ascertain  any  balance  in  account  of  any  fund. 

Sec.  714.  NOT  ENTITLED  TO  TUITION  FUND,  WHEN. 
ENUMERATION.— No  school  district  shall  be  entitled  to  re- 
ceive  any  portion  of  the  state  tuition  fund  that  fails  to  make  a 
report  of  the  enumeration  of  children  of  school  age  in  the  manner 
provided  by  law7,  nor  until  such  enumeration  has  been  taken  and 
reported  as  required  by  law.  The  county  superintendent  of 
schools  shall  not  authorize  the  payment  of  money  apportioned  to 
any  district  unless  the  bond  and  oath  of  such  treasurer  has  been 
duly  approved  and  filed,  as  provided  for  by  section  689.  New- 
districts  organized  after  the  annual  enumeration  has  been  taken 
shall  proceed  immediately  to  take  the  enumeration  as  provided 
by  law,  and  after  the  receipt  of  such  enumeration  'by  the  super- 
intendent of  public  instruction  through  the  county  superin- 
tendent, the  newly  organized  district  shall  receive  its  propor- 
tionate share  of  the  funds  to  be  apportioned. 

Sec.  715.  (Amended.)— APPORTIONMENT  OF  STATE  TUI- 
TION FUNDS  BY  COUNTY  SUPERINTENDENT.— Within 
thirty  days  and  not  less  than  twenty  days  after  receiving  the 
certificate  of  apportionment  from  the  superintendent  of  public 
instruction  and  the  certificate  from  the  county  auditor,  as  pro- 
vided for  in  section  ~'2'2  of  this  chapter,  the  county  superinten- 
dent shall  apportion  separately  to  the  several  school  districts, 
special  districts,  independent  districts,  and  districts  organized 
under  special  laws  which  are  entitled  to  any  portion  of  the  state 
Tuition  and  special  funds  within  the  county  in  proportion  to  the 
number  of  children  residing  in  each  district  over  six  and  under 
twenty  years  of  age,  excluding  all  married  persons,  as  appears 
from  the  last  enumeration  authorized  by  law  upon  which  the 
superintendent  of  public  instruction  made  the  apportionment  to 
the  several  counties,  and  he  shall  immediately  notify  each  dis- 
trict treasurer  of  the  amount  of  tuition  and  all  other  school 
moneys  in  the  county  treasury  due  each  district;  and  shall  certify 
to  the  county  treasurer  and  to  the  county  auditor  the  amount 
due  each  school  district.  The  county  treasurer  shall  deliver  to 
the  several  district  treasurers  upon  the  order  of  the  county 
auditor  the  amounts  apportioned  to  their  respective  districts, 
taking  a  receipt  therefor. 


46  GENERAL  SCHOOL  LAWS, 

Sec.  710.  SPECIAL  AND  INDEPENDENT  DISTRICTS  AND 
DISTRICTS  ORGANIZED  UNDER  SPECIAL  LAWS  ENTITLED 
TO  TUITION  FUNDS.— Special  and  independent  school  districts 
and  districts  organized  under  special  laws  shall  'be  entitled  to 
receive  their  proportion  of  the  state  and  special  tuition  funds; 
provided,  that  the  clerk  or  secretary  of  the  board  of  education 
thereof  shall  make  a  report  to  the  county  superintendent  of  the 
-enumeration  of  children  of  school  age  therein  at  the  time  and  in 
the  manner  prescribed  in  this  chapter. 

Sec.  717.  (Amended.)— TREASURER'S  ACCOUNTS.  AN- 
NUAL SETTLEMENT.— The  district  treasurer  shall  open  new 
accounts  with  each  fund  at  the  beginning  of  each  school  year, 
and  the  balance  of  each  fund  shall  be  brought  down  and  become 
a  part  of  the  first  entry  in  opening  the  account  for  the  new  year. 
On  the  second  Tuesday  in  July  the  school  board  shall  make  settle- 
ment with  the  district  treasurer,  and  shall  carefully  examine  his 
books,  accounts  and  vouchers  and  shall  ascertain  if  the  amount 
of  all  warrants,  bonds  and  coupons  paid  and  redeemed  or  paid  in 
part,  together  with  the  cash  in  his  hands  or  under  his  control,  is 
equal  to  the  amount  of  the  cash  on  hand  at  the  beginning  of  the 
school  year,  together  with  all  money  received  by  him  from  all 
sources  for  school  purposes  during  the  year.  The  district  treas- 
urer shall  deliver  to  the  board  at  such  annual  meeting  all  war- 
rants, bonds  and  coupons  paid  and  redeemed  by  him  during  the 
school  year  and  held  by  him  ais  vouchers,  taking  the  receipt  of 
the  board  therefor,  and  such  vouchers  shall  forthwith  be  filed 
with  the  district  clerk.  He  shall  at  that  meeting  make  his  an- 
nual report  in  triplicate,  one  copy  to  be  preserved  in  the  treas- 
urer's office,  one  to  be  filed  with  the  clerk  of  the  school  board  and 
one  to.be  transmitted  to  the  county  superintendent  of  schools, 
and  the  board  shall  cause  to  be  published  an  itemized  statement 
of  the  receipts  and  expenditures  of  the  preceding  year  in  a  news- 
paper of  the  county  nearest  said  school  district:  provided,  that 
if  said  board  or  treasurer  shall  have  failed  to  publish  saiid  state- 
ment by  the  first  of  September  following1  the  presentation  of  the 
treasurer's  annual  report,  then  it  shall  be  the  duty  of  the  county 
superintendent  of  schools  to  cause  the  publication  of  the  same  in 
a  newspaper  of  the  county,  said  publication  to  be  paid  for  by 
the  school  district.  The  treasurer's  reports  shall  show  the  fol- 
lowing: 

RECEIPTS. 

The  balance  at  the  close  of  the  year. 
The  amo'iint  received  into  the  state  tuition  fund. 
The  amount  received  into  the  state  special  fund. 
The  amount  received  into  the  sinking  fund. 


SI  ATE  OF  NORTH  DAKOTA.  47 


EXPENDITURES. 

The  amount  paid  for  school  houses,  sites  and  furniture. 

The  amount  paid  for  apparatus  and  fixtures. 

The  amount  paid  for  teachers'  wages. 

The  amount  paid  for  services  and  expenses  of  school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may  be  required 
by  the  district  board,  or  the  superintendent  of  public  instruction, 
and  shall  >be  upon  and  in  conformity  with  the  blanks  furnished 
him  for  that  purpose. 

Sec.  718.  WHEN  COUNTY  TREASURER  TO  PAY  FUNDS 
TO  DISTRICT  TREASURER.— The  treasurer  of  each  district 
shall  apply  to  the  county  auditor  for  an  order,  and  the  county 
treasurer  shall  pay  over  to  him  on  such  order  all  of  the  school 
money  collected  for  such  district  and  all  school  money  appor- 
tioned to  such  district  by  the  county  superintendent/ and  the 
county  auditor  shall  issue  such  order;  provided,  such  district 
treasurer  has  qualified  and  filed  his  oath  a,nd  bond  as  provided 
by  law.  It  shall  be  the  duty  of  the  county  treasurer,  when  pay- 
ment is  made  to  any  school  treasurer  of  any  funds  herein  pro- 
vided for,  immediately  to  notify  the  clerk  of  the  school  board  of 
the  payment  of  the  same. 

Sec.  719.  COUNTY  TREASURER  TO  KEEP  ACCOUNTS 
WITH  SCHOOL  CORPORATIONS.— Each  county  treasurer  shall 
keep  a  regular  account  with  each  school  corporation,  in  which 
he  shall  charge  himself  with  all  taxes  collected  by  levy  of  the  dis- 
trict school  board  and  all  sums  apportioned  to  the  district  by  the 
county  superintendent  or  other  authority  and  all  sums  received 
for  the  district,  and  he  shall  credit  himself  with  -all  payments 
made  to  the  treasurer  of  the  district,  distinguishing  between  the 
items  paid  by  apportionment,  those  from  county  taxes  and  those 
from  other  sources.  He  shall  also  credit  himself  with  all  pay- 
ments for  redemption  or  indorsement  of  warrants  in  the^collection 
of  taxes  and  shall  deliver  to  the  district  treasurer  a  duplicate  tax 
receipt  for  the  amount  of  each  warrant  so  indorsed  or  redeemed 
together  with  all  warrants  so  redeemed  at  the  time  of  making 
other  regular  payments  to  the  district  treasurer.  To  these  cred- 
its, to  balance  the  accounts,  he  shall  add  all  items  for  legal  fees, 
for  collection  and  other  duties. 

Sec.  720.  SCHOOL  TAXES,  HOW  AND  WHEN  COLLECTED. 
It  shall  be  the  dutv  of  the  countv  treasurer  to  collect  the  taxes 


48  GENERAL  SCHOOL   LAWS, 

for  school  purposes  at  the  same  time  and  in  the  same  manner  that 
the  county  and  state  taxes  are  collected,  and  full  power  is  hereby 
given  him  to  sell  property  for  school  taxes  the  same  as  is  provided 
by  law  for  the  collection  of  other  taxes.  Whenever  an  error  oc- 
curs in  any  school  corporation's  tax  list  the  district  school  board 
or  board  of  education  in  special  or  independent  districts  or  dis- 
tricts organized  under  special  laws  may  correct  such  errors  and 
refund  such  taxes  improperly  collected.  All  penalties  and 
interest  collected  on  delinquent  school  taxes  shall  be  applied  to 
the  proper  fund  to  which  such  delinquent  taxes  belong. 

ARTICLE  8. — TAXES. 

Sec.  721.  SCHOOL  BOARD  TO  LEVY  TAX.— Each  district 
school  board  shall  have  power  and  it  shall  be  its  duty  to  levy 
upon  all  the  property  subject  to  taxation  in  the  district  a  tax  for 
school  purposes  of  all  kinds  authorized  by  law,  not  exceeding  in 
the  aggregate  a  rate  of  thirty  mills  on  the  dollar  in  any  one  year. 
Such  tax  shall  be  levied  by  resolution  of  the  board  prior  to  the 
twentieth  day  O'f  July  in  each  year,  which  resolution  shall  be 
entered  in  the  records  of  the  proceedings  of  the  board.  The  clerk 
shall  immediately  thereafter  notify  the  county  auditor  in  writing 
of  the  amoiunt  of  tax  so  levied,  and  such  notice  shall  'be  in  sub- 
stantially the  folio-wing  form: 

State  of  North  Dakota.  ) 

County  of >  ss. 

........  School  District ) 

To 

County  Auditor  of County. 

Sir: 

You  are  hereby  notified  that  the  school  board  of school 

district  has  levied  a  tax  of dollars  upon  all  real  and 

personal  property  in  said  school  district  for  school  purposes. 
You  will  duly  enter  and  extend  such  tax  upon  the  county  tax  list 
for  collection  upon  the  taxable  property  of  such  school  district 
for  the  current  year. 

Dated  at this day  of 190. . 


District  Clerk. 

The  notice  of  a  tax  to  pay  any  judgment  against  the  district 
shall  be  in  addition  to  the  regular  tax  and  shall  be  certified  to  the 
county  auditor  under  the  same  general  form,  as  near  as  may  be; 
provided,  that  if  the  boundaries  of  such  district  shall  embrace  a 
portion  of  two  counties  then  the  clerk  of  such  district  shall  cer- 
tify to  the  county  auditor  of  the  county  in  which  is  located  the 


STAT£  OF  NORTH  DAKOTA.  49 


original  district  to  which  such  portion  of  the  district  embraced 
in  the  other  county  is  attached  in  addition  to  the  tax  levy  above 
mentioned,  a  list  and  valuation  otf  all  property  subject  to  taxation 
in  such  portion  of  such  district  embraced  in  the  other  county,  as 
shown  by  the  assessor  making  the  assessment  in  such  county, 
township  or  assessor's  district,  and  the  auditor  shall  enter  such 
property  upon  the  tax  duplicate  of  his  county  and  levy  all  school 
raxes  upon  the  same,  and  the  county  treasurer  of  the  county  shall 
collect  the  taxes  levied  thereon  the  same  as  other  taxes  are  col- 
lected and  pay  the  same  over  to  the  treasurer  of  the  district  en- 
titled thereto. 

Sec.  722.  TAX,  HOW  LEVIED,  HOW  APPORTIONED.  AP- 
PORTIONMENT OF  DELINQUENT  TAXES.— 1.  The  county 
auditor  of  each  county  shall  at  the  time  of  making  the  annual 
assessment  and  levy  of  taxes  levy  a  tax  of  one  dollar  on  each 
elector  in  the  county  for  the  support  of  common  schools,  and  a 
further  tax  of  two  mills  on  the  dollar  on  all  taxable  property  in 
the  county,  to  be  collected  at  the  same  time  and  in  the  same  man- 
ner as  other  taxes  are  collected,  which  shall  be  apportioned  by 
the  county  superintendent  of  schools  among  the  school  districts 
of  the  county. 

2.  It  shall  be  the  duty  of  the  county  auditor  on  or  before  the 
third  Monday  in  February,  May,  August  and  November  in  each 
year,  to  certify  to  the  county  superintendent  of  schools  the 
amount  of  such  county  tuition  fund,  which  the  county  superin- 
tendent of  schools  shall  apportion  among  the  several  school  dis- 
tricts in  the  same  form  and  manner  as  provided  for  the  appor- 
tionment of  the  state  tuition  fund.  The  county  superintendent 
shall  file  with  the  county  auditor  and  the  county  treasurer  a  cer- 
tified statement  showing  the  amount  apportioned  to  each  district. 

3..  It  shall  also  be  the  duty  of  the  county  auditor  to  certify  at 
"he  time  herein  specified  the  amount  of  delinquent  taxes  collected 
for  the  special  tuition  fund  prior  to  those  levied  for  the  year  1899, 
which  amounts  shall  be  apportioned  by  the  county  superintendent 
of  schools  as  herein  provided;  and  the  county  treasurer  shall  pay 
such  amounts  to  the  district  treasurers  the  same  as  other  special 
funds  are  paid. 

Sec.  723.  MAXIMUM  LEVY  FOR  FINAL  JUDOMENT. 
TAXES  TO  BE  UNIFORM.— When  any  final  judgment  shall  be 
obtained  against  a  school  district  the  board  thereof  shall  levy  a 
tax  upon  the  taxable  property  of  such  district  not  exceeding  in 
amount  twenty  mills  on  the  dollar  in  any  one  year,  which  shall 
be  used  in  the  payment  thereof.  The  county  auditor  shall  make 
out,  charge  and  extend  upon  the  tax  list  against  each  description 
of  real  property  and  against  all  personal  property,  and  upon  all 


50  GENERAL  SCHOOL  I«AWS, 

taxable  property  of  the  district,  all  such  taxes  for  schools  and 
judgments  he  is  so  notified  has  been  levied  by  the  district  in 
which  the  property  is  situated  and  taxable,  in  the  same  manner 
in  which  the  county  and  state  tax  list  is  prepared,  and  deliver  it 
to  the  county  treasurer  at  the  same  time.  All  taxes  for  school 
purposes  shall  be  uniform  upon  the  property  within  each  school 
district 

Sec.  724.  STATEMENT  OF  ASSESSED  VALUATION.— Each 
assessor  shall  on  or  before  the  first  day  of  July  in  each  year  fur- 
nish to  the  clerk  of  the  school  district,  to  the  county  superintend- 
ent of  schools  and  to  the  county  auditor  a  statement  of  the 
assessed  valuation  of  all  the  property  in  such  corporation  subject 
to  taxation. 

Sec.  725.  INDEBTEDNESS  OF  DISTRICT,  HOW  ADJUSTED 
WHEN  NO  LEGAL  SCHOOL  BOARD  EXISTS.— If  any  school 
district  in  the  state  has  for  one  or  more  years  past,  either  through 
failure  to  elect  a  school  board  or  through  failure  of  the  county 
superintendent  to  appoint  a  school  board,  been  without  a  legal 
school  board  or  if  hereafter  any  school  district  through  such  fail* 
nre  to  elect  or  to  appoint  such  school  board  shall  be  without  such 
legal  school  board  and  such  district  shall  have  an  authorized  in- 
debtedness either  in  bonds,  interest  due  on  bonds  or  otherwise, 
it  shall  be  the  duty  of  the  county  superintendent,  the  county  treas- 
urer and  county  auditor,  acting  a,s  a  board  of  adjusters,  to  assess 
upon  the  taxable  property  of  such  school  corporation  a  tax  not 
to  exceed  twenty  mills  on  the  dollar  in  any  one  year  upon  the 
assessed  valuation  thereof  for  the  payment  of  the  same..  Which 
tax  so  levied  shall  be  extended  upon  the  tax  lists  by  the  county 
auditor  and  be  collected  by  the  county  treasurer  as  other  taxes 
are  collected  and  shall  be  applied  upon  and  used  for  the  payment 
of  such  indebtedness,  and  shall  be  paid  to  the  creditors  of  such 
district  upon  the  warrant  of  the  county  auditor  countersigned 
by  the  county  superintendent,  and  all  warrants,  bonds,  interest 
coupons,  receipted  bills  or  accounts  shall  be  filed  in  the  office  of 
the  county  auditor  and  in  case  'such  school  corporation  has  a 
bonded  indebtedness,  it  shall  be  the  duty  of  such  board  of  adjust- 
ers to  levy  a  tax  upon  the  property  of  such  district  sufficient  to 
create  a  sinking  fund  for  the  redemption  of  such  bonds  upon  the 
maturity  of  the  same,  such  sinkiag  fund  to  be  levied  and  provided 
for  in  compliance  with  the  requirements  of  such  bonds. 


STATE  OF  NORTH  DAKOTA.  51 


ARTICLE  9. — VACANCIES. 

Sec.  726.  VACANCY  IX  OFFICE  SUPERINTENDENT  PUB- 
LIC INSTRUCTION  FILLED  P>Y  APPOINTMENT.— Should  a  va- 
cancy occur  in  the  office  of  the  superintendent  of  public  instruc- 
tion, the  governor  shall  have  power  and  it  shall  be  his  duty  to  fill 
such  vacancy  by  appointment,  which  appointment  shall  be  valid 
until  the  next  general  election  and  until  his  successor  is  elected 
and  qualified. 

Sec.  727.  VACANCY  IN  OFFICE  OF  COUNTY  SUPERIN- 
TENDENT.— Should  a  vacancy  occur  in  the  office  of  county  super- 
intendent of  schools,  the  board  of  county  commissioners  of  such 
county  shall  have  the  power  and  it  shall  be  their  duty  to  fill  such 
vacancy  by  appointment,  as  provided  by  law,  which  appointment 
shall  be  valid  until  the  next  general  election.  The  county  aud- 
itor shall  immediately  notify  the  superintendent  of  public  in- 
struction of  such  appointment. 

Sec.  728.  VACANCY  IN  OFFICE  OF  DIRECTOR  OR  TREAS- 
URER, HOW  FILLED.— When  any  vacancy  occurs  in  the  office 
of  director  or  treasurer  of  a  school  district  by  death,  resignation, 
removal  from  the  district,  or  otherwise,  the  fact  of  such  vacancy 
shall  be  immediately  certified  to  the  county  superintendent  by  the 
clerk  of  the  district,  and  such  superintendent  shall  immediately 
appoint  in  writing  some  competent  person,  who  shall  qualify  and 
serve  until  the  next  annual  school  election.  The  county  super- 
intendent shall  at  the  same  time  notify  the  clerk  of  the  school  dis- 
trict and  the  county  auditor  of  every  such  appointment. 

Sec.  729.     VACANCY  IN  OFFICE  OF  CLERK,  HOW  FIILED. 

—Should  the  office  of  clerk  of  a  school  district  become  vacant, 
the  school  board  shall  immediately  fill  such  vacancy  by  appoint- 
ment and  the  president  of  the  board  shall  immediately  notify  the 
county  superintendent  and  the  county  auditor  of  such  appoint- 
ment. 

Sec.  730.  OFFICE,  WHEN  DEEMED  VACANT.— Any  office 
of  a  school  district  shall  become  vacant  by  resignation  of  the  in- 
cumbent thereof,  but  such  resignation  shall  not  take  effect  until 
a  successor  has  qualified  according  to  law.  Any  office  of  a  school 
district  shall  be  deemed  vacant  if  the  person  duly  elected  thereto 
shall  neglect  or  refuse  for  the  period  of  two  weeks  after  the  be- 
ginning of  the  term  for  which  he  wT-as  elected,  to  accept  and  qual- 
ify for  such  office  and  serve  therein.  Any  school  officer  may  be 
removed  from  office  by  a  court  of  competent  jurisdiction,  as  pro- 
Tided  by  law. 


52  GENERAL  SCHOOL  LAWS, 


ARTICLE  10. — EQUALIZATION  OF  INDEBTEDNESS. 

Sec.  731.  EQUALIZATION  OF  INDEBTEDNESS  BY  ARBI- 
TRATION.— After  the  boundaries  of  a  school  district  have  been 
established,  ais  provided  for  in  this  chapter  all  school  districts  or 
parts  of  school  districts  that  existed  as  school  corporations,  or  as 
parts  thereof  before  the  taking  effect  of  this  code  and  that  are 
now  included  in  one  school  district  shall  effect  an  equalization  of 
property,  funds  on  hand  and  debts,  or  whenever  the  boundaries 
of  two  or  more  districts  are  rearranged,  all  districts  affected  by 
such  change  shall  effect  an  equalization  of  property,  funds  on 
hand  and  debts.  To  effect  this  each  school  board  of  such  corpo- 
ration constituting  a  school  district  under  the  operation  of  this 
chapter,  shall  select  one  arbitrator,  and  the  several  arbitrators 
so  selected,  together  with  the  county  superintendent  shall  con- 
stitute a  board  of  arbitration  to  effect  such  equalization.  If  in 
any  case  the  number  of  arbitrators,  including  the  county  super- 
intendent, shall  be  an  even  number,  the  county  treasurer  shall  be 
included  and  'be  a  member  of  such  board.  The  county  superin- 
tendent shall  fix  the  time  and  place  of  such  meeting. 

Sec.  732.  TAX  TO  EQUALIZE  AND  PAY  PREVIOUS 
DEBTS. — Such  board  shall  take  an  account  of  the  assets,  funds 
on  hand,  the  debts  properly  and  justly  belonging  to  or  chargeable 
to  each  corporation  or  part  of  a  corporation  affected  by  such 
change,  and  levy  such  a  tax  against  each  as  will  in  its  judgment 
justly  and  fairly  equalize  their  several  interests. 

Sec.  733.  MAXIMUM  ANNUAL  TAX  LEVY  FOR  SUCH 
PURPOSES. — When  the  amounts  to  be  levied  upon  the  several 
corporations  or  parts  of  corporations  mentioned  in  the  preceding 
section  shall  be  fixed,  a  list  thereof  shall  be  made  wherein  the 
amount  shall  be  set  down  opposite  each  corporation.  The  whole 
shall  be  stated  substantially  in  the  form  herein  required  for  cer- 
tifying school  taxes  and  addressed  to  the  county  auditor,  and  shall 
be  signed  by  a  majority  of  such  board  of  arbitration;  such  levy 
shall  be  deemed  legal  and  valid  upon  the  taxable  property  of  each 
corporation;  provided,  however,  that  not  more  than  fifteen  mills 
thereof  shall  be  extended  against  such  taxable  property  in  any 
one  year,  and  such  a  levy  not  exceeding  fifteen  mills  on  the  dollar 
shall  be  extended  as  in  this  section  provided,  from  year  to  year, 
until  the  whole  amount  shall  be  so  levied.  The  county  auditor 
shall  preserve  such  levies  and  shall  extend  the  several  rates  from 
year  to  year,  as  above  required  by  law  for  district  taxes  and  the 
taxes  shall  be  collected  at  the  same  time  and  in  the  same  manner 
as  other  taxes  are  collected. 

Sec.  734.  PROCEEDS  TO  BE  TURNED  OVER  TO  THE  RE- 
SPECTIVE DISTRICTS.— Opposite  the  several  descriptions  of 


STATE  OF  NORTH  DAKOTA.  53 

property  on  the  tax  list  shall  be  entered  the  school  district  within 
which  it  lies,  and  all  the  proceeds  of  these  equalizing  taxes  shall 
be  collected  and  paid  over  to  the  treasurer  of  the  proper  school 
district  within  which  the  property  is  situated.  The  proceeds  of 
taxes  upon  parts  of  districts  lying  outside  of  the  districts  as  at 
present  constituted,  with  wrhich  they  were  equalized,  shall  be 
paid  to  the  treasurer  of  the  school  district  within  which  the  prop- 
erty is  situated,  the  same  as  hereinbefore  provided  for  regular 
taxes. 

See.  735.  MAXIMUM  TAX  LEVY  FOE  ALL  SCHOOL  PUR- 
POSES.— The  taxes  levied  for  purposes  of  equalization  shall  be, 
in  addition  to  all  other  taxes  for  school  purposes;  provided,  that 
all  taxes  for  school  purposes,  including  such  taxes  for  equaliza- 
tion, shall  not  exceed  thirty  mills  on  the  dollar  in  any  one  year. 
The  provisions  of  this  article  shall  apply  to  and  govern  all  school 
districts  and  parts  of  school  districts  hereafter  divided  or  consol- 
idated with  each  other,  or  with  other  districts  in  the  division 
uniting  or  apportionment  of  their  debts  and  liabilities  or  prop- 
erty and  assets. 

AETICLE  11. — EXAMINATIONS  AND  CERTIFICATES. 

Sec.  736.  (Amended.)— EXAMINATIONS  FOR  TEACHERS' 
CERTIFICATES.— The  superintendent  of  public  instruction  shall 
prepare  or  cause  to  be  prepared  all  questions  for  the  examination 
of  applicants  for  teachers'  certificates,  both  county  and  state,  and 
shall  prescribe  rules  for  the  conduct  of  all  such  examinations. 
He  shall  examine,  mark,  and  file,  or  cause  1o  be  examined, 
marked  and  filed,  all  answer  papers  submitted  by  candidates  for 
first,  second  and  third  grade  county  certificates,  which  answer 
papers  shall  be  forwarded  by  the  county* superintendent  immedi- 
ately after  the  close  of  each  examination  to  the  superintendent 
of  public  instruction.  He  may  appoint  such  clerical  assistants 
as  he  may  deem  necessary,  but  the  expenditures  therefor  shall  not 
exceed  in  the  aggregate  the  sum  annually  collected  from  appli- 
cants for  county  certificates  for  this  purpose. 

Sec.  737.  PROFESSIONAL  CERTIFICATE,  WHO  EN- 
TITLED.— He  may  issue  a  state  certificate  to  be  valid  for  life,  un- 
less sooner  revoked,  to  be  known  as  a  professional  certificate. 
Such  certificate  shall  be  issued  only  to  those  persons  of  good 
moral  character,  who  pass  a  tho,rough  examination  in  all  the 
branches  included  in  the  courses  of  study  prescribed  for  the  com- 
mon and  high  schools  of  the  state,  including  methods  of  teaching 
and  such  other  branches  as  the  superintendent  of  public  instruc- 
tion may  direct.  Such  certificates  shall  in  no  case  be  granted 
unless  the  applicant  has  had  an  experience  as  a  teacher  of  at  least 


54  GENERAL  SCHOOL  LAWS, 


five  years,  and  can  satisfy  the  superintendent  of  his  ability  to  in- 
struct and  properly  manage  any  high  school  of  the  state.  Such 
certificate  shall  be  valid  throughout  the  state,  and  the  holder  shall 
be  authorized  to  teach  in  any  of  the  common  or  high  schools  of 
the  state  without  further  examination;  provided,  that  any  person 
who  is  a  graduate  of  the  normal  course  in  the  university  of  North 
Dakota,  or  of  the  state  normal  schools  off  North  Dakota,  and  has 
had  three  years  successful  experience  after  graduation  as  a 
teacher,  may  be  granted  such  professional  certificate  without  fur- 
ther examination ;  provided,  further,  that  if  the  holder  of  a  pro- 
fessional certificate  shall  at  any  time  cease  to  teach  or  to  be  en- 
gaged in  oher  'active  educational  work  for  the  space  of  three 
years,  he  shall  he  liable  to  a  re-examination  and  to  the  cancella- 
tion of  his  certificate,  subject  to  such  rules  a,s  may  be  prescribed 
by  such  superintendent. 

Sec.  738.  NORMAL  CERTIFICATE,  WHO  ENTITLED.— He 
may  issue  a  state  certificate,  to  be  valid  for  a  term  of  five  years, 
unless  sooner  revoked,  to  be  known  as  a  normal  certificate.  Such 
certificate  shall  be  issued  only  to  thoise  persons  of  good  moral 
character,  who  have  completed  the  prescribed  course  of  study  in 
one  oif  the  normial  schools  of  the  state,  or  in  a  normal  school  else- 
where having  an  established  reputation  for  thoroughness,  but  the 
superintendent  of  public  instruction  may  examine  any  such  appli- 
cant in  his  discretion.  Such  certificate  shall  not  be  granted  un- 
less the  applicant  shall  have  taught  school  successfully  for  at 
least  two  years.  Such  certificate  .shall  be  valid  throughout  the 
state,  and  the  holder  shall  be  authorized  to  teach  in  any  of  the 
public  schools  of  the  state;  provided,  that  any  person  who  is  a 
graduate  of  the  normal  course  in  the  university  of  North  Dakota, 
or  of  the  state  normal  schools  of  North  Dakota,  and  who  has  had 
one  year's  successful  experience  after  graduation  as  a  teacher, 
may  toe  granted  such  normal  certificate  without  further  examina- 
tion; provided,  further,  that  a  diploma  from  either  of  the  normal 
schools,  or  the  normal  department  in  the  university  of  North  Da- 
kota, shall  for  the  period  of  two  years  after  date  of  issue,  be  the 
equivalent  of  a  first  grade  certificate  in  any  county  in  this  state, 
if  the  party  holding  such  diploma  hais  the  required  age  speci- 
fied in  section  742. 

Sec.  739.  FEE  FOR  CERTIFICATE.  CERTIFICATE,  HOW 
REVOKED. — The  superintendent  shall  require  a  fee  of  five  dol- 
lars from  each  applicant  for  a  professional  or  normal  certificate, 
which  fee  shall  be  used  by  him  to  aid  in  the  establishment  and 
maintenance  of  teachers'  reading  circles  in  the  state.  He  shall 
revoke  at  any  time  any  certificate  issued  in  the  state,  for  any 
cause  which  would  have  been  sufficient  ground  for  refusing  to 


STATE  OF  NORTH  DAKOTA.  55 

issue  the  same  had  the  cause  existed  or  been  known  at  the  time 
it  was  issued. 

Sec.  740.  (Amended.)— EXAMINATION  OF  TEACHERS  BY 
COUNTY  SUPERINTENDENT.-— The  county  superintendent 
shall  hold  a  public  examination  of  all  persons  over  eighteen  years 
of  age  offering  themselves  as  candidates  for  teachers  of  common 
schools  at  the  most  suitable  place  in  the  county,  on  the  second 
Friday  in  March,  and  on  the  last  Friday  in  May,  August  and 
October  of  each  year,  and  when  necessary,  such  examination 
may  be  continued  on  the  following  day,  at  which  time  he  shall 
examine  theon  by  a  series  of  written  or  printed  questions,  accord- 
ing to  the  rules  prescribed  by  the  superintendent  of  public  in- 
struction. The  county  superintendent  shall  forward  all  answer 
papers  submitted  by  candidates  for  county  certificates,  designat- 
ing each  toy  number  instead  of  name,  immediately  after  tli3  close 
of  the  examination  to  the  superintendent  of  public  instruction  far 
examination,  marking,  filing  and  recording.  The  superintendent 
of  public  instruction  shall  transmit,  within  thirty  days  from  the 
date  of  said  examination,  a  record  of  the  'Standings  of  each  appli- 
cant to  the  county  superintendent  who  shall  then  grant  to  the 
applicant  a  certificate  of  qualification,  if  from  the  (percentage  of 
correct  answers  required  by  the  rules,  said  applicant  is  found  to 
possess  the  requisite  knowledge  and  understanding  to  teach  in 
the  common  schools  of  the  state  the  various  branches  required 
by  law;  provided,  the  county  superintendent  has  sufficient  evi- 
dence that  the  candidate  is  a  person  of  good  moral  character,  has 
had  successful  experience,  if  any,  and  possesses  an  aptness  to 
teach  and  govern. 

Sec.  741.  (Amended.)— TEACHERS'  GRADES,  HOW  ESTAB- 
LISHED. RE-EXAMINATION,  WHEN  ALLOWED.— County 
certificates  shall  be  of  three  regular  grades,  the  first  grade  for  a 
term  of  three  years,  the  second  grade  for  a  term  of  twT0  years, 
and  the  third  grade  for  one  year,  according  to  the  ratio  of  correct 
answers  of  each  applicant  and  other  evidence  of  qualification 
appearing  from  the  examination.  No  certificate  shall  be  granted 
unless  the  applicant  shall  be  found  proficient  in  and  qualified  to 
teach  the  following  branches  of  a  common  English  education: 
Reading,  writing,  orthography,  language  lessons  and  English 
grammar,  geography,  United  States  history,  arithmetic,  civil 
government,  physiology  and  hygiene,  and  can  pass  a  satisfactory 
examination  in  physical  culture  and  theory  and  practice  of 
teaching.  In  addition  to  the  above,  applicant  for  a  first  grade 
certificate  shall  pass  a  satisfactory  examination  in  physical 
geography,  elements  of  natural  philosophy,  elements  of  psycho- 
logy, elementary  geometry  and  algelbra.  The  percentage  re- 
quired to  pass  any  branch  shall  'be  prescribed  by  the  superin 


56  GENERAL  SCHOOL  LAWS, 

tendent  of  public  instruction.  In  addition  to  the  regular  grades 
of  cehtificaites,  drawing,  vocal  music,  and  kindergarten  certifi- 
cates, entitling  holder®  thereof  to  teach  such  subjects  only,  shall 
be  issued  when  conditions  so  require,  each  for  a  term  of  three 
years,  under  such  regulations  as  the  superintendent  of  public 
instructions  shall  prescribe.  The  county  superintendent  may 
grant  permission  to  teach  until  the  results  of  the  next  regular 
extmination  are  received  from  the  superintendent  of  public  in- 
struction to  any  person  applying  ait  any  other  time  than  at  a 
regular  examination,  wrho  can  show  satisfactory  reasons  for  fail- 
ing to  attend  such  examination,  and  satisfactory  evidence  of 
qualification,  subject  to  such  rules  and  regulations  as  may  be 
prescribed  'by  the  superintendent  of  public  instruction.  Such 
permit  shall  not  be  granted  more  than  once  in  any  county  to  the 
same  person.  The  written  answers  of  all  candidates  for  county 
certificates,  aifter  being  duly  examined  by  the  superintendent  of 
ipufblic  instruction,  shall  be  kept  by  him  for  the  -space  of  six 
months  after  such  examination,  and  any  candidate  thinking  an 
injustice  has  been  done  him,  may  by  paying  a  fee  o>f  two  dollars 
into  the  institute  fund  of  the  county  and  notifying  both  the 
county  superintendent  and  the  superintendent  of  public  instruc- 
tion of  the  isame,  have  hie  papers  reviewed  by  the  superintendent 
of  public  instruction  in  person,  and,  if  such  answers  warrant  it, 
he  shall  instruct  the  county  superintendent  to  issue  such  candi- 
datea  county  certificate  of  the  proper  grade,  and  the  county 
superintendent  shall  carry  out  such  instructions. 

Sec.  742.  (Amended.)— QUALIFICATIONS  OF  TEACHERS. 
CONTRACTS,  WHEN  VOID.— No  certificate  or  permit  to  teach 
shall  be  issued  to  any  person  under  eighteen  years  of  age.  and  no 
first  grade  certificate  shall  be  issued  to  any  person  who  is  under 
twenty  years  of  age,  and  who  has  not  taught  successfully  twelve 
school  months;  and  no  person  shall  be  allowed  to  teach  more 
than  fifteen  'school  months  on  third  grade  certificates.  First  and 
second  grade  certificates  may  ibe  renewed  without  examination 
under  such  requirements  as  shall  be  imposed  by  the  superinten- 
dent of  public  instruction  for  the  pursuance  and  completion  of 
reading  circle  work.  The  certificate  issued  by  a  county  super- 
intendent shall  be  valid  only  in  the  county  where  issued; 
provided,  that  a  county  superintendent  shall  indorse  for  the  full 
period  for  which  they  are  valid  when  presented  to  Mm  for  in- 
dorsement, first  and  second  grade  certificates,  and  drawing, 
rnuisic  and  kindergarten  certificates  issued  by  any  other  county 
superintendent  in  the  state,  unless  a  valid  reason  exists  for  with- 
holding such  indorsement.  Such  certificates,  when  properly  in- 
dorsed, shall  'be  valid  in  the  county  over  which  the  county  super- 
intendent who  indorsed  them  has  jurisdiction.  A  fee  of  one  dol- 


STATE   OF  NORTH  DAKOTA.  57 

iar  jshall  be  paid  into  the  institute  fund  of  the  county  for  each 
renewal  or  indorsement,  as  provided  in  the  case  of  examination. 
No  person  shall  be  employed  or  permitted  to  teach  in  any  of  the 
public  schools  of  the  state,  except  those  in  cities  organized  for 
school  purposes  under  special  laws,  or  organized  as  independent 
districts  under  the  general  school  laws,  who  is  no-t  the  holder  of 
a  lawful  certificate  of  qualification  or  permit  to  teach,  and  no 
teacher's  certificate  issued  by  the  superintendent  of  public  in- 
.struction,  nor  a  teacher's  diploma  granted  by  any  institution  of 
learning  in  this  state,  shall  entitle  a  person  to  teach  in  such  pub- 
lic schools  of  any  county,  unless  such  certificate  or  diploma  shall 
have  been  recorded  in  the  office  of  the  county  superintendent; 
provided,  further,  that  no  certificate  or  permit  to  teach  in  the 
schools  of  the  istate  shall  be  granted  to  any  person  not  a  citizen 
of  the  United  States,  unless  such  person  has  resided  in  the  United 
States  for  one  year  last  prior  to  the  time  of  siuch  application  for 
certificate  or  permit.  Any  contract  made  in  violation  of  this 
section  shall  be  void. 

Sec.  743.  (Amended.)— FEES  FOE  CERTIFICATE,— Each  ap- 
plicant foir  a  county  certificate  shall  pay  two  dollars  to  the  county 
'superintendent,  one  dollar  of  which  shall  'be  paid  into  the  county 
teachers'  institute  fund  to  be  used  in  support  of  teachers'  insti- 
tutes or  the  teachers'  training  schools  in  the  county,  as  otherwise 
provided,  and  one  dollar  of  said  fee  shall  be  used  by  the  superin- 
tendent of  public  instruction  for  such  clerical  assistance  as  he 
may  deem  necessary  and  competent  for  the  reading  of  teachers' 
answer  papers  and  work  connected  therewith.  It  shall  be  the 
duty  of  the  county  superintendent,  immediately  after  each  exam- 
ination, to  forward  one  dollar  for  each  applicant  for  teacher's  cer- 
tificate to  the  superintendent  of  public  instruction,  such  sums  to 
be  used  by  him  ais  hereinbefore  pro'vided. 

Sec.  744.  CERTIFICATES,  WHEN  REVOCABLE.— The 
•county  superintendent  is  authorized  and  required  to  revoke  and 
annul  at  any  time  a  certificate  granted  by  him  or  his  predecessor 
for  any  cause  which  wo<uld  have  authorized  or  required  him  to 
refuse  to  grant  it  if  known  at  the  time  it  was  granted,  and  for 
incompetency,  immorality,  intemperance,  cruelty,  crime  against 
the  law  of  the  state,  refusal  to  perform  his  duty,  or  general  ne- 
glect of  the  business  of  the  school.  The  revocation  of  the  certifi- 
cate shall  terminate  the  employment  of  such  teacher  in  the  school 
where  he  may  be  at  the  time  employed,  but  such  teacher  must  be 
paid  up  to  the  time  of  receiving  notice  of  such  revocation.  The 
superintendent  must  immediately  notify  the  clerk  of  the  school 
district  where  such  teacher  is  employed  and  he  may  notify  the 
teacher  through  the  clerk  of  such  revocation,  and  must  enter  his 
action  in  such  case  in  the  books  of  record  in  his  office. 


58  GENERAL  SCHOOL  LAWS, 

Sec.  745.  PROCEEDINGS  TO  REVOKE.  TEACHERS  AL- 
LOWED DEFENSE. — In  proceedings  to  revoke  a  certificate  the 
oounty  superintendent  may  act  upon  his  personal  knowledge  or 
upon  competent  evidence  obtained  from  others.  In  the  latter 
case,  action  shall  be  taken  only  after  a  fair  hearing,  and  the 
teacher  must  'be  notified  of  the  charge  and  given  an  opportunity 
to  miake  a  defense  at  such  time  and  place  as  may  be  stated  in 
such  notice.  Upon  his  own  knowledge  the  superintendent  may 
act  immediately  without  notice,  after  an  opportunity  has  been; 
afforded  such  teacher  for  personal  explanation.  When  any  certifi- 
cate is  revoked  the  teacher  shall  return  it  to  the'  superintendent, 
but  if  such  teacher  refuses  or  neglects  so  to  do  the  superintendent 
may  issue  notice  of  such  revocation  by  publication  in  some  news- 
paper printed  in  the  county. 

ARTICLE  12. — DUTIES  OF  TEACHERS. 

Sec.  746.  GIVE  NOTICE  OF  OPENING  AND  CLOSING 
SCHOOL. — Each  teacher  on  commencing  a  term  of  school  shall 
give  written  notice  to  the  county  superintendent  of  the  time  and 
place  of  beginning  such  school  and  the  time  when  it  will  proba- 
bly close.  If  such  school  is  to  be  suspended  for  one  week  or 
more  in  such  term,  the  teacher  shall  notify  the  county  superin- 
tendent of  such  suspension. 

Sec.  747.  WHEN  TEACHER  NOT  ENTITLED  TO  COMPEN- 
SATION.— No  teacher  shall  be  entitled  to  or  receive  any  com- 
pensation for  the  time  he  teaches  in  any  public  school  without  a 
certificate  valid  and  in  force  for  such  time  in  the  county  where 
such  school  is  taught,  except  that  if  a  teacher's  certificate  shall 
expire  by  its  own  limitation  within-  six  weeks  of  the  close  of  the 
term,  such  teacher  may  finish  such  term  without  re-examination 
or  renewal  of  such  certificate. 

Sec.  748.  TEACHER'S  REGISTER,  WTHAT  TO  CONTAIN.— 
Each  teacher  shall  keep  a  school  register,  and  at  the  close  of  each 
term  make  a  report,  containing  the  number  of  visits  o-f  the  county 
superintendent,  and  such  items  and  in  such  form  as  shall  be 
required.  Such  report  shall  be  made  in  duplicate,  both  copies  of 
which  shall  be  sent  to  the  county  superintendent,  who,  if  he  finds 
such  report  to  be  correct,  shall  immediately  return  one  copy  to 
the  district  clerk,  same  to  be  filed  with  him.  No  teacher  shall 
be  paid  the  last  month's  wages  in  any  term  until  such  report  shall 
Lave  been  approved  by  the  county  superintendent  and  one  copy 
returned  to  the  district  clerk. 

Sec.  749.  SCHOOL  YEAR  AND  SCHOOL  WEEK  DEFINED. 
HOLIDAYS. — The  school  year  shall  begin  on  the  first  day  of  July 


STATE  OF  NORTH  DAKOTA.  59, 

and  close  on  the  thirtieth  day  of  June  of  each  year.  A  school 
week  shall  consist  of  five  days  and  a  school  month  of  twenty  days. 
No  school  shall  be  taught  on  a  legal  holiday  nor  on  any  Saturday. 
A  legal  holiday  in  term  time  falling  upon  a  day  which  otherwise 
would  be  a  school  day  shall  be  counted  and  the  teacher  shall  be 
paid  therefor,  'but  no  teacher  shall  ibe  paid  for  Saturday,  nor  be 
permitted  to  teach  on  Saturday,  to  make  up  for  the  lo'ss  of  a  day 
in  the  term. 

Sec.750.  BRANCHES  TO  BE  TAUGHT  IN  ALL  SCHOOLS.— 
Each  teacher  in  the  common  schools  shall  teach  pupils  when  they 
are  sufficiently  advanced  to  pursue  the  same  the  following 
branches:  Orthography,  reading,  spelling,  writing,  arithmetic, 
language  lessons,  English  grammar,  geography,  United  States 
history,  civil  government,  physiology  and  hygiene,  giving  special 
instruction  concerning  the  nature  of  alcoholic  drinks,  stimulants 
.and  narcotics,  and  their  effect  upon  the  human  system;  physiol- 
ogy and  hygiene  and  the  nature  of  alcoholic  drinks,  stimulants 
and  narcotics,  and  their  effect  upon  the  human  system  shall  be 
taught  a,s  thoroughly  as  any  branch  is  taught  by  the  use  of  a  text 
book  to  all  pupils  able  to  use  a  text  book  who  have  not  thoroughly 
studied  that  branch  and  orally  to  all  other  pupils.  When  such 
oral  instruction  is  given  as  herein  required,  a  sufficient  time,  not 
less  than  fifteen  minutes,  shall  'be  given  to  such  oral  instruction 
for  at  least  four  days  in  each  school  week.  Each  teacher  in  spe- 
cial school  districts  and  in  cities  organized  for  school  purposes 
under  special  law  shall  conform  to  and  be  governed  by  the  provis- 
ions of  this  section. 

Sec.  751.  TEACHERS'  INSTITUTES  AND  TEACHERS' 
TRAINING  SCHOOLS,  HOW  NOTICED.  PENALTY  FOR 
FAILURE  TO  ATTEND.— When  a  teachers'  institute  or  teachers' 
training  school  is  appointed  to  be  held  in  or  for  any  county  it 
•shall  be  the  duty  of  the  county  superintendent  to  give  written  or 
printed  notice  thereof  to  each  teacher  in  the  public  schools  of  the 
county,  and  as  far  as  possible  to  all  others  not  then  engaged  in 
teaching,  who  are  holders  of  teachers'  certificates,  at  least  ten 
days  before  the  opening  of  such  institute  or  teachers'  training 
school  of  the  time  and  place  of  holding  it.  Each  teacher  receiv- 
ing such  notice,  engaged  in  teaching  a  term  of  school  which  in- 
cludes wrholly  or  in  part  the  time  of  holding  such  institute  or 
teachers'  training  school,  shall  clo.se  school  and  attend  the  same- 
and  shall  be  paid  by  the  school  board  of  the  district  his  regular 
wages  as  teacher  for  the  time  he  attended  such  institute  or  teach- 
ers' training  school,  as  certified  by  the  county  superintendent, 
but  no  teacher  ,shall  receive  pay  unless  he  has  attended  four  con- 
secutive days'  nor  shall  any  teacher  receive  pay  for  more  than 
five  days.  The  county  superintendent  may  revoke  the  certificate 


60  GENERAL  SCHOOL  LAWS, 

of  any  teacher  in  Ms  county  for  inexcusable  neglect  or  refusal, 
after  due  notice,  to  attend  a  teachers'  institute  or  teachers'  train- 
ing school  held  for  such  county.  The  provisions  of  this  section 
shall  not  apply  to  high  school  teachers,  nor  to  teachers  in  cities 
organized  for  school  purposes  under  a  special  law,  nor  to  teachers 
in  cities  organized  as  independent  districts  under  the  provisions 
of  this  chapter. 

Sec.  752.  PUPIL  MAY  BE  SUSPENDED  FOR  CAUSE.— A 
teacher  may  suspend  from  school  for  not  more  than  five  days  any 
pupil  for  insubordination  or  habitual  disdbedience,  or  disorderly 
conduct.  In  such  case  the  teacher  shall  give  immediate  notice 
to  the  parent  or  guardian  of  such  pupil,  also  to  some  member  of 
the  district  school  board  of  such  suspension  and  the  reason 
therefor. 

Sec.  753.  ASSIGNMENT  OF  STUDIES  TO  PUPILS.— It  shall 
be  the  duty  of  the  teacher  to  assign  to  each  pupil  such  studies  as 
he  is  qualified  to  pursue,  and  to  place  him  in  the  proper  class  in 
any  studies  subject  to  the  provisions  in  section  750;  provided, 
that  in  a  graded  school  under  the  charge  of  a  principal  or  local 
superintendent,  such  principal  or  superintendent  shall  perform 
this  duty.  In  case  any  parent  or  guardian  is  dissatisfied  with 
such  assignment  or  classification,  the  matter  shall  toe  referred  to 
and  decided  by  the  county  superintendent. 

Sec.  754.  BIBLE  NOT  SECTARIAN  BOOK,  READING  OP- 
TIONAL WITH  PUPIL.— The  Bible  shall  not  be  deemed  a  sec- 
tarian book.  It  shall  not  be  excluded  from  any  public  school. 
It  may  at  the  option  of  the  teacher  be  read  in  school  without  sec- 
tarian comment,  not  to  exceed  ten  minutes  daily.  No  pupil  shall 
be  required  to  read  it  nor  be  present  in  the  school  room  during 
the  reading  thereof  contrary  to  the  wishes  of  his  parents  or 
.guardian  or  other  person  having  him  in  charge.  Moral  instruc- 
tion tending  to  impress  upon  the  minds  of  pupils  the  importance 
of  truthfulness,  temperance,  purity,  public  spirit,  patriotism,  and 
respect  for  honest  labor,  obedience  to  parents  and  due  deference 
for  old  age,  shall  be  given  by  each  teacher  in  the  public  schools. 

Sec.  754a.  PHYSICAL  EDUCATION.— Physical  education, 
which  isihall  aim  to  develop  and  discipline  the  body  and  promote 
health  through  systematic  exercise,  shall  be  included  in  the 
branches  of  study  required  by  law  to  be  taught  in  the  common 
schools,  and  shall  be  introduced  and  taught  as  a  regular  branch, 
to  all  pupils  in  all  departments  of  the  public  schools  of  the  state, 
-and  in  all  educational  institutions  supported  wholly  or  in  part 
by  money  from  the  state.  It  shall  be  the  duty  of  all  boards  of 
education  and  boards  of  educational  institutions  receiving  money 
from  the  state,  to  make  provision  for  daily  instruction  in  all  the 


STATE  OF  NORTH  DAKOTA. 


schools  and  institutions  under  their  respective  jurisdiction,  and 
to  adopt  such  method  or  methods  as  will  adapt  progressive  phys- 
ical exercise  to  the  development,  health  and  discipline  of  the 
pupils  in  the  various  grades  and  classes  of  schools  and  institu- 
tions receiving  aid  from  the  state. 

ARTICLE  13.  —  INSTITUTES,  ASSOCIATIONS  AND  HEADING  CIRCLE. 

Sec.  755.  TEACHERS'  COUNTY  INSTITUTE  FUND.—  All 
money  received  by  the  county  superintendent  from  examination 
fees  for  the  county  institute  fund,  and  all  money  paid  into  this 
fund  from  the  county  general  revenue  fund,  shall  be  used  by  him 
to  aid  in  the  support  of  teachers'  institutes  or  teachers'  training 
schools,  to  be  held  within  or  for  the  county  and  to  pay  necessary 
expenses  incurred  therein.  The  county  superintendent  shall  pre- 
sent an  itemized  statement,  duly  verified,  to  the  count}'  auditor 
for  the  amount  of  all  such  necessary  expenses  and  the  auditor 
shall  issue  a  warrant  therefor  as  provided  by  law.  The  county 
superintendent  shall,  at  the  end  of  each  year,  submit  a  full  and 
accurate  statement  of  the  receipts  and  expenditures  of  these 
funds,  under  oath,  to  the  superintendent  of  public  instruction. 

Sec.  756.  APPROPRIATION  FOR  INSTITUTE  FUND.  DES- 
IGNATION OF  CONDUCTORS.—  There  is  hereby  appropriated 
out  of  any  funds  in  the  state  treasury,  not  otherwise  appropri- 
ated, the  sum  of  fifty  dollars  each  year  to  each  organized  county 
in  the  state  in  which  there  are  ten  or  more  resident  teachers,. 
which  shall  be  designated  as  the  state  institute  fund  and  which 
shall  be  used  exclusively  in  employing  persons  of  learning,  abil- 
ity and  experience  as  conductors  of  teachers'  institutes,  and  the 
further  sum  of  ten  cents  a  mile  for  the  distance  actually  and  nec- 
essarily traveled  by  a  lecturer  for  such,  institute.  The  superin- 
tendent of  public  instruction  after  consultation  with  the  county 
superintendents  as  to  the  special  needs  and  wants  of  their  respec- 
tive counties,  shall  apipoint  the  time,  place  and  duration  of  these 
institutes  and  shall  designate  the  persons  to  act  as  conductors 
of  and  lecturers  at  such  institutes,  as  in  his  judgment  the  needs 
of  the  various  counties  demand. 

Sec.  757.  INSTITUTE  FUNDS,  HOW  PAID  OUT.—  It  shall  be 
the  duty  of  the  county  superintendent  in  all  cases  to  consult  with- 
the  superintendent  of  public  instruction  in  reference  to  the  man- 
agement of  such  institute  or  teachers'  training  school,  and  he 
shall  carry  out  the  suggestions  of  such  superintendent  as  to  the 
modes  of  instruction.  No  salary  shall  be  paid  to  any  conductor 
or  instructor  not  previously  appointed  or  employed  as  herein  pro- 
vided. The  money  hereby  appropriated  from  the  state  treasury 
for  the  support  of  teachers'  institutes  or  teachers'  training  schools 


,62  GENERAL  SCHOOL  LAWS, 


shall  be  paid  to  the  persons  to  whom  it  is  due  by  warrant  of  the 
state  auditor  upon  the  state  treasurer,  which  shall  ibe  issued  upon 
the  presentation  of  an  account  in  due  form  receipted  by  the  per- 
son to  whom  due  and  approved  by  the  superintendent  of  public 
instruction;  provided,  that  no  county  shall  receive  more  than  ten 
dollars  from  such  appropriation  for  the  ipaynient  of  conductor's 
salary  for  each  day  its  institute  is  in  session;  provided,  that  the 
state  and  county  institute  funds  specified  by  sections  75(>  and  755, 
and  the  appropriation  specified  'by  section  758  of  one  or  more 
counties  may  be  applied  to  the  suipport  of  a  teachers'  training- 
school  for  such  county  or  counties  at  the  request  of  the  county 
superintendent  for  such  county  or  counties,  with  the  consent  and 
under  the  direction  of  the  superintendent  of  public  instruction; 
provided,  further,  that  in  any  county  where  a  teachers'  training 
school  of  not  less  than  three  weeks'  duration  is  held,  the  con- 
ductor of  such  training  school  shall  file  a  certified  statement  with 
the  county  auditor  ispecifying  time  and  place  of  such  teachers' 
training  school,  and  also  certifying  the  total  number  of  schools 
in  said  county  as  reckoned  in  determining  the  county  superin- 
tendent's salary.  The  county  auditor  shall  file  a  copy  of  said 
statement  with  the  county  treasurer  who  shall,  thereupon,  trans- 
fer from  the  county  general  revenue  fund  to  the  county  institute 
fund,  the  sum  of  two  dollars  for  each  school  in  the  county,  as  per 
certified  statement  filed  with  the  county  auditor. 

Sec.  758.  COUNTY  COMMISSIONERS  MAY  AD.)  INSTI- 
TUTES.— The  money  assigned  for  any  particular  institute  may 
be  added  to  any  fund  furnished  for  the  purpose  by  any  county, 
and  the  institute  extended  as  long  as  the  entire  fund  will  allow. 
If  a  sufficient  county  fund  is  not  otherwise  'provided,  the  board 
of  county  commissioners  may  appropriate  not  more  than  fifty  dol- 
lars in  any  county  each  year  in  aid  of  institutes.  The  superin- 
tendent of  pulblic  instruction  may  require  a  statement  of  the 
amount  of  funds  the  county  has  on  hand  for  this  purpose  at  any 
time. 

ARTICLE  14. — COMPULSORY  EDUCATION. 

Sec.  759.  SCHOOL  AGE.  WHO  EXEMPT  FROM  COMPUL- 
SORY ATTEND ANCE.— Every  parent,  guardian  or  other  person 
having  control  of  any  child  'between  eight  and  fourteen  years  of 
age,  shall  ibe  required  to  send  such  child  to  a  public  school  in  the 
district,  city  or  village  in  which  he  resides  at  leaist  twelve  weeks 
in  each  school  year,  six  weeks  of  which  shall  be  consecutive;  and 
every  parent,  guardian  or  other  person,  having  control  of  any 
deaf  child  or  youth  between  seven  and  twenty-one  years  of  age,, 
shall  be  required  to  send  such  child  to  the  school  for  the  deaf  at 


STATE  OF  NORTH  DAKOTA.  63 

the  city  of  Devils  Lake,  for  at  least  eight  months  in  each  school 
year;  provided,  that  such  parent,  guardian  or  other  person  having 
control  of  any  child  shall  be  excused  from  such  duty  by  the 
so  hool  board  of  the  district  or  the  board  o-f  education  of  the  city 
or  village,  whenever  it  shall  be  shown  to  their  satisfaction,  sub- 
ject to  appeal  as  provided  by  law,  that  one  of  the  following  rea- 
sons therefor  exists : 

1.  That  such  child  is  taught  for  the  same  length  of  time  in  a 
private  school,  approved  toy  such  board;  but  no  school  shall  be 
approved  by  such  board  unless  the  branches  usually  taught  in 
the  public  schools  are  taught  in  such  school. 

2.  That  such  child  has  already  acquired  the  branches  of  learn- 
ing taught  in  the  public  schools. 

3.  That  such  child  is  in  such  a  physical  or  mental  condition 
(as  declared  by  the  county  physician  if  required  by  'the  board),  as 
to  render  such  attendance  inexpedient  or  impracticable.      If  no 
school  is  taught  the  requisite  length  of  time  within  two  and  one- 
half  miles  of  the  residence  of  such  child  by  the  nearest  route,  such 
attendance  will  not  be  enforced  but  this  provision  shall  not  apply 
to  deaf  children  in  the  state.      The  common  schools  provided  for 
in  this  chapter  shall  'be  at  all  times  equally  free,  open  and  access- 
ible to  all  children  over  six  and  under  twenty  years  of  age,  resi- 
dents of  the  school  districts  where  they  are  held,  or  entitled  to 
attend  school  under  any  special  provisions  of  this  chapter,  sub- 
ject to  the  regulations  herein  made  and  to  such  regulations  as  the 
several  school  boards   and   boards  of   education  may  prescribe 
equitably  and  justly  and  not  in  conflict  with  the  provisions  of 
law. 

Sec.  700.  PENALTY. — Any  such  parent,  guardian  or  other 
person  failing  to  comply  with  the  requirements  of  the  foregoing 
section,  shall  upon  conviction  thereof  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  in  a  sum  not  less  than  five 
aor  more  than  twenty  dollars  for  the  first  offense  and  not  less 
than  ten  dollars  nor  more  than  fifty  dollars  for  the  second  and 
every  subsequent  offense  with  costs  in  each  case. 

Sec.  701.  PROSECUTION  FOR  NEGLECTING  THIS  DUTY. 
—It  shall  be  the  duty  of  the  president  of  the  board  oif  education 
of  any  city,  town  or  village,  or  the  president  of  the  school  board 
of  any  district,  to  inquire  into  all  caises  of  neglect  of  the  duty  pre- 
scribed in  this  article  and  ascertain  from  the  person  neglecting 
to  perform  such  duty,  the  reason  therefor,  if  any,  and  shall  forth- 
with proceed  to  secure  the  prosecution  of  any  offense  occurring 
under  this  article,  and  any  such  president  neglecting  to  secure 
such  prosecution  for  such  offense  within  fifteen  days  after  a  writ- 
ten notice  has  been  served  by  any  taxpayer  in  such  city,  town, 


GENERAL  SCHOOL  LAWS, 


village  or  district,  or  by  the  county  superintendent  in  such 
county,  unless  such  person  >so  complained  of  shall  be  excused  by 
the  board  of  education  or  school  board  for  one  of  the  reasons. 
hereinbefore  stated,  he  shall  be  deemed  guilty  of  a  misdemeanor. 
and  upon  conviction  shall  be  fined  in  a  sum  not  less  than  five  nor 
more  than  twenty  dollars. 

Sec.  762.  CHILD  LABOR  PROHIBITED  DURING  SCHOOL 
HOURS.  —  No  child  between  eight  and  fourteen  years  of  age 
shall  be  employed  in  any  mine,  factory  or  workshop  or  mercan- 
tile establishment,  or,  except  by  his  parents  or  guardian,  in  any 
other  manner,  during  the  hours  when  the  public  schools  in  the 
city,  village  or  district  are  in  session,  unless  the  person  employ- 
ing him  shall  first  procure  a  certificate  from  the  superintendent 
of  schools  of  the  city  or  village,  if  one  is  employed,  otherwise 
from  the  clerk  of  the  school  board  or  board  of  education,  stating 
that  such  child  has  attended  school  .  for  the  period  of  twelve 
weeks  during  the  year,  as  required  by  law,  or  has  been  excused 
from  attendance  a;s  provided  in  'Section  759;  and  it  shall  be  the 
duty  of  such  superintendent  or  clerk  to  furnish  such  certificate 
upon  application  of  the  parent,  guardian  or  other  persons  having 
control  of  such  child,  entitled  to  the  same. 

Sec.  763.  PENALTY  FOR  VIOLATION.—  Each  owner,  super- 
intendent or  overseer  of  any  mine,  factory,  workshop  or  mercan- 
tile establishment,  and  any  other  person  who  shall  employ  any 
child  between  eight  and  fourteen  years  of  age  contrary  to  the 
provisions  of  this  article,  is  guilty  of  a  misdemeanor,  and-  upon 
conviction  thereof  shall  be  fined  for  each  offense  in  a  sum  not  less 
than  twenty  nor  more  than  fifty  dollars  and  costs.  P^ach  per- 
son authorized  to  sign  a  certificate  as  prescribed  in  the  preceding 
section,  who  certifies  to  any  materially  false  statement  therein. 
shall  be  fined  not  less  than  twenty  nor  more  than  fifty  dollars 
and  costs. 

Sec.  764.  PROSECUTIONS,  HOW  BROUGHT.—  Prosecutions 
under  this  article  shall  be  brought  in  the  name  of  the  state  of 
North  Dakota  before  any  co'urt  of  competent  jurisdiction,  and  the 
fines  collected  shall  be  paid  over  to  the  county  treasurer  and  by 
him  credited  to  the  general  school  fund  of  the  state. 

ARTICLE  15.—  FINES,  FORFEITURES  AND  PENALTIES. 

Sec.  765.  PENALTY  FOR  NEGLECT  OF  DUTY  BY  SCHOOL 
DIRECTOR,  TREASURER  OR  CLERK.—  Each  person  duly 
elected  to  the  office  of  director,  treasurer  or  clerk  of  any  district, 
who,  having  entered  upon  the  duties  of  his  office,  shall  neglect  or 
refuse  to  perform  any  duties  required  of  him  by  the  provisions  of 


STATE  OF  NORTH  DAKOTA.  65 

this  chapter  shall  upon  conviction  be  fined  in  the  sum  of  ten  dol- 
lars, and  his  office  shall  be  deemed  vacant. 

Sec.  766.  PENALTY  FOE  FALSE  ELECTION  RETURNS.-— 
Any  judge  or  clerk  of  election,  school  district  clerk  or  county 
auditor  who  willfully  violates  the  provisions  of  this  chapter  in 
relation  to  elections  or  who  willfully  makes  a  false  return  shall 
upon  conviction  be  deemed  guilty  of  a  felony. 

Sec.  767.  SPECULATION  IN  OFFICE  PROHIBITED.— No 
school  officer  shall  personally  engage  in  the  purchase  of  any 
school  bonds  or  warrants  nor  shall  any  such  officer  be  personally 
interested  in  any  contract  requiring  the  expenditure  of  school 
funds  except  for  the  purchase  of  fuel  and  such  supplies  as  are  in 
daily  use,  but  not  including  furniture,  or  the  expenditure  of  funds 
appropriated  by  the  state,  county,  school  corporation  or  other- 
\\ise  for  any  school  purpoise  connected  with  his  office.  Any  vio- 
lation of  this  section  shall  be  a  misdemeanor. 

Sec.  768.  PENALTY  FOR  UNLAWFUL  DRAWING  OF 
SCHOOL  MONEY. — Any  person  who  draws  money  from  the 
county  treasury,  who  is  not  at  the  time  a  duly  qualified  treasurer 
of  the  school  corporation  for  which  he  draws  the  money  and 
authorized  to  act  as  such,  shall  be  guilty  of  a  misdemeanor  and 
shall  upon  conviction  thereof  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars. 

Sec.  769.  USE  OF  SCHOOL  FUNDS.  WHEN  EMBEZZLE- 
MENT.— Each  treasurer  who  shall  loan  any  portion  of  the  money 
in  his  hands  belonging  to  any  school  district,  whether  for  consid- 
eration or  not,  or  who  shall  expend  any  portion  thereof  for  his 
own  or  any  other  person's  private  use,  is  guilty  of  embezzlement, 
and  no  such  treasurer  shall  pay  over  or  deliver  the  school  money 
in  his  hands  to  any  officer  or  person  or  to  any  committee  to  be 
expended  by  him  or  them;  but  all  public  funds  shall  be  paid  out 
only  by  the  proper  treasurer  as  hereinbefore  provided. 

Sec.  770.  ACTION  TO  RECOVER  MONEY  WHEN  TREAS- 
URER FAILS  TO  PAY  OVER. — IJf  any  person  shall  refuse  or 
neglect  to  pay  over  any  money  in  his  hands  a,s  treasurer  of  a 
school  district  to  his  successor  in  office  his  successor  must,  with- 
out delay,  bring  action  upon  the  official  bond  of  such  treasurer 
for  the  recovery  of  such  money. 

Sec.  771.  PENALTY,  WHEN  INDORSEMENT  OF  UNl'YID 
WARRANTS  IS  NOT  MADE.— Any  violation  by  a  district  treas- 
urer of  the  provisions  of  this  chapter  requiring  indorsement  of 
warrants  not  paid  for  want  of  funds,  and  the  pay  men  r  thereof  in 
the  order  of  presentation  and  indorsement,  is  a  misdemeanor  pun- 
ishable by  a  fine  not  exceeding  one  hundred  dollars. 


66  GENERAL  SCHOOL  LAWS, 

Sec.  772.  PENALTY  FOE  FALSE  REPORTS.— Each  clerk  or 
treasurer  of  a  district  who  willfully  signs  or  transmits  a  false 
report  to  the  county  superintendent  or  willfully  signs,  issues  or 
publishes  a  false  statement  of  facts  purporting  or  appearing  to 
be  based  upon  the  books,  accounts  or  records,  or  of  the  affairs, 
resources  and  credit  of  the  district  shall  upon  conviction  be  pun- 
ished by  a  fine  not  exceeding  fifty  dollars  or  by  iinprisonirnent  in 
the  county  jail  not  exceeding  fifteen  days. 

Sec.  773.  PENALTY  FOR  WILLFUL  DISTURBANCE  OF 
PUBLIC  SCHOOL. — Each  person,  whether  pupil  or  not,  who  will- 
fully molests  01?  disturbs  a  public  >school  when  in  session  or  who 
willfully  interferes  with  or  interrupts  the  proper  order  or  man- 
agement of  a  public  school  by  act  of  violence,  boisterous  conduct 
or  threatening  language,  so  as  to  prevent  the  teacher  or  any 
pupil  from  performing  his  duty,  or  who  shall  in  the  presence  of 
ihe  school  or  school  children  upbraid,  insult  or  threaten  the 
teacher  shall  >uipon  conviction  thereof  be  punished  by  a  fine  noit 
exceeding  twenty-five  dollars  or  by  imprisonment  in  the  county 
jail  for  a  period  not  exceeding  ten  days,  or  by  both. 

Sec.  774.  PROPOSALS  FOR  CONTRACTS.— No  contract,  ex- 
cept for  teachers'  or  janitors'  wageis,  involving  the  expenditure 
of  school  funds  or  money  appropriated  for  any  purpose  relating 
to  the  educational  system  of  this  state  or  any  county,  district  or 
school  corporation  therein,  when  the  amount  exceeds  one  hundred 
dollars,  shall  be  let  until  proposals  are  advertised  for,  and  after 
such  advertisement,  only  to  the  lowest  responsible  bidder.  Any 
violation  of  this  section  shall  be  a  misdemeanor. 

ARTICLE  16. — BONDS. 

Sec.  775.  (Amended.)  SCHOOL  BONDS,  HOW  ISSUED.— 
Whenever  a  duly  constituted  school  district,  including  independ- 
ent school  districts,  in  any  organized  county  in  the  state  at  any 
regular  or  special  meeting  held  for  that  purpose,  shall  determine 
by  a  majority  vote  of  all  the  qualified  voters  of  such  school  dis- 
trict present  att  such  meeting  and  voting,  to  issue  school  district 
bonds  for  the  purpose  of  building  and  furnishing  a  school  house 
and  purchasing  grounds  on  which  to  locarte  the  same,  or  to  fund 
any  outstanding  indebtedness,  or  for  the  purpose  of  taking  up  any 
outstanding  bonds,  the  district  school  board  may  lawfully  issue 
su en'  bonds  in  accordance  with  the  provisions  of  this  article. 

Sec.  776.  NOTICE  OF  ELECTION  TO  VOTE  BONDS.— Before 
the  question  of  issuing  bonds  shall  be  'submitted  to  a  vote  of  the 
school  district,  notices  shall  be  posted  in  at  least  three  public  and 
conspicuous  places  in  such  district,  stating  the  time  and  place 


STATE   OF  NORTH  DAKOTA.  67 


of  such  meeting,  the  amount  of  bonds  proposed  to  be  issued  and 
the  time  in  which  they  shall  be  made  payable.  vSuch  notices 
shall  'be  posted  at  least  twenty  days  before  the  meeting,  and  the 
voting  shall  be  done  by  means  of  written  or  printed  ballots,  and 
-all  ballots  deposited  in  favor  of  issuing  bonds  shall  have  thereon 
the  words  "for  issuing  bonds,"  and  those  opposed  thereto  shall 
have  thereon  the  words  "against  issuing  bonds,"  and  if  a  majority 
of  all  the  votes  cast  shall  'be  in  favor  of  issuing  bonds  the  school 
board,  through'  its  proper  officers  shall  forthwith  issue  bonds  in 
accordance  with  such  vote;  but  if  a  majority  of  all  votes  cast  are 
against  issuing  bonds  then  no  further  action  can  be  had  and  the 
question  shall  not  be  again  submitted  to  a  vote  for  one  year 
thereafter,  except  for  a  different  amount;  provided,  that  the  ques- 
tion of  issuing  bonds  shall  not  be  submitted  to  a  vote  of  the  dis- 
trict and  no  meeting  shall  be  called  for  that  purpose  until  the  dis- 
trict school  board  shall  have  been  petitioned  in  writing  by  at 
least  one-third  of  the  voters  of  the  district. 

Sec.  777.  (Amended.)  BONDS,  DENOMINATION  OF.  IN- 
TEREST. LIMIT  OF  ISSUE.— The  denomination  of  the  bonds 
-which  may  be  issued  under  the  provisions  of  this  article  shall  be 
fifty  dollars  or  some  multiple  of  fifty,  not  exceeding  five  hundred 
dollars,  and  shall  bear  interest  at  the  rate  of  not  exceeding  seven 
per  cent  iper  annum,  payable,  semi-annually  on  the  first  day  of 
January  and  July  in  each  year,  in  accordance  with  interest  cou- 
pons which  shall  be  attached  to  such  bonds;  and  no  greater 
amount  than  one  thousand  dollars  can  be  issued  for  any  one 
school  house  except  in  districts,  towns  and  villages  of  more  than 
two  hundred  inhabitants,  and  in  such  districts  the  amount,  in- 
cluding all  other  indebtedness,  shall  not  exceed  five  per  cent  of  its 
assessed  valuation,  and  may  be  made  payable  in  not  less  than  ten, 
nor  more  than  twenty  years  from  their  date. 

Sec.  778.  BONDS,  RECORD  OF  TO  BE  KEPT.— Whenever 
•any  bonds  are  issued  under  the  provisions  of  this  chapter  they 
shall  be  lithographed  or  printed  on  bond  paper  and  shall  state 
upon  their  face  the  date  of  their  issue,  the  amount  of  the  bonds 
to  whom  and  for  what  purpose  issued,  also  the  time  and  place  of 
payment  and  the  rate  of  interest  to  be  paid.  They  shall  have 
printed  upon  the  margin  the  words  "Authorized  by  article  16  od: 
chapter  9  of  the  political  code  of  North  Dakota  of  1899."  Imme- 
diately after  the  issuing  of  school  bonds  pursuant  to  this  chapter 
the  clerk  of  the  school  district  so  issuing  its  bonds  shall  file  with 
the  county  auditor  of  the  county  in  which  such  district  is  situated, 
certified  copies  of  all  the  proceedings  had  in  such  district  rela- 
tive to  the  issuing  of  such  bonds  and  also  a  statement  of  the 
amount  o<f  the  indebtedness  of  such  school  district;  and  before 
.any  od  the  bonds  are  disposed  of  they  shall  be  presented  to  the 


68  GENERAL  SCHOOL  LAWS, 

county  auditor  of  the  county  in  which  the  school  district  issuing 
the  same  is  situated.  He  shall  carefully  examine  the  records  of 
the  proceedings  of  such  school  district  upon  the  question  of  issu- 
ing such  bonds  as  the  same  are  filed  with  him  as  hereinbefore  di- 
rected, and  shall  satisfy  himself  by  the  evidence  thus  furnished 
whether  or  not  all  the  laws  of  the  state  relative  to  the  issuing  of 
such  bonds  have  been  complied  with.  If  satisfied  that  they  have 
ibeen  and  that  the  bonds  in  question  have  been  legally  issued,  he 
shall  in  book  kept  for  such  purpose  preserve  a  register  of  each 
(bond  showing  in  separate  columns  the  name  of  the  school  dis- 
trict issuing  the  bonds,  the  number  of  such  bonds,  the  denomina- 
tion thereof,  the  date  of  their  issue,  the  date  when  they  will 
mature,  the  names  of  the  school  officers  executing  the  same  and 
such  other  facts  as  may  be  pertinent,  and  he  shall  then  indorse- 
on  each  of  'such  bonds  the  following  certificate : 

State  of  North  Dakota,  ) 

>•  ss. 
County  of „. ) 

I, ,  county  auditor,  do  hereby  certify  that  the- 

within  bond  is  issued  pursuant  to  law  and  is  within  the  debt  limit 
prescribed  by  the  constitution  of  the  state  of  North  Dakota,  and 

in  accordance  with  the  vote  of school  district, 

at  a (regular  or  special)  meeting  held  on  the 

day  of ,  A.  D.  190.  .,  to  issue  bonds  to  the  amount  of 

doillans,  and  is  a,  legal  and  valid  debt  of  such  school 

district;  that  such  bonds  are  duly  registered  in  this  office  and 
that  such  ischool  district  is  legally  organized  amd  the  signatures 
affixed  to  such  bonds  are  the  genuine  signatures  of  the  proper 
officers  of  >such  school  district. 

The  blanks  shall  be  filled  according  to  the  facts  and  the  certi- 
ficate officially  signed  by  the  county  auditor  and  attested  'by  his 
official  seal.  Such  'bonds  shall  be  signed  by  the  president  and 
clerk  of  the  school  board  and  shall  be  registered  in  a  book  to  be 
kept  (by  the  clerk  for  that  purpose  in  which  shall  be  entered  the 
.number,  date  and  name  of  the  person  to  whom  issued1  and  the 
date  when  the  same  'will  become  due. 

Sec.  779.  SINKING  FUND  AND  INTEREST  TAX.— In  addi- 
tion to  the  amount  that  may  already  be  assessed  under  existing 
laws,  there  shall  be  levied  upon  the  taxable,  property  of  the 
school  district  iso  issuing  bonds  at  or  before  their  issuance,  and 
collected  as  other  taxes  are  collected,  a  sum  sufficient,  not  exceed- 
ing five  mills  on  the  dollar  of  assessed  valuation  of  such  districts, 
to .  pay  interest  upon  such  bonded  indebtedness,  and  after  five 
years  in  like  manner  a  further  tax  not  exceeding  two  mills  on  the 
dollar  for  a  sinking  fund  to  be  used  in  payment  of  such  bonds- 


STATE  OF  NORTH  DAKOTA.  69 

when  they  become  due  and  for  no  other  purpose,  except  that 
whenever  there  are  sufficient  funds  on  hand,  belonging  to  such 
'sinking  fund,  the  school  board  may,  in  its  discretion,  purchase 
any  of  the  outstanding  bonds  at  their  market  value  and  pay  for 
the  same  out  of  such  sinking  fund ;  provided,  that  the  school  dis- 
trict 'board  may  designate  one  or  more  national  or  state  banks 
in  its  county  for  a  depository  for  such  sinking  fund,  and  in  such 
case  the  school  board  shall  advertise  for  at  least  two  weeks  in 
some  newspaper  printed  in  the  county  for  sealed  proposals  for 
the  deposit  of  the  sinking  fund  of  such  school  district,  reserving 
the  right  to  reject  any  and  all  bids,  and  satisfying  itself  of  the 
responsibility  of  all  banks  proposing  to  act  ais  depositories. 
Before  any  bank  shall  be  designated  ais  such  depositor}7,  it  shall 
present  to  the  school  board  a  sealed  proposal  stating  in  writing 
what  rate  of  interest  will  be  paid  for  the  deposit  of  such  sinking 
fund,  and  shall  submit  to  the  board  for  its  approval,  a  bond  pay- 
able to  the  sdhool  district  conditioned  for  the  safe  keeping  and 
repayment  of  any  funds  deposited  in  such  bank,  which  bond  shall 
be  signed  by  not  less  than  three  freeholders  of  the  county  as 
* u  "(-ties,  such  bond  to  be  in  the  sum  required  by  the  school  board, 
but  in  no  ease  less  than  double  the  probable  amount  of  funds  to 
'be  deposited  in  such  bank.  The  approval  of  such  bond  shall  be 
indorsed  thereon  by  the  board  and  deposited  with  the  conmty 
auditor,  and  any  bank  whose  bond  shall  have  been  so  approved 
shall  thereupon  be  designated  by  the  school  board  as  a  depository 
for  the  sinking  fund,  and  shall  continue  as  such,  until  such  time 
as  the  board  shall  readvertise  for  bids  as  aforesaid,  or  until  such 
funds  are  needed  for  the  payment  or  purchase  of  'bonds  as  pro- 
Tided  in  this  section.  When  the  sinking  fund  of  any  school  dis- 
trict is  deposited  by  the  school  treasurer  in  the  name  of  the 
school  district  in  such  depository,  such  treasurer  and  his  sureties 
shall  be  exempt  from  all  liability  thereon  by  reason  of  loss  of 
any  such  funds  from  the  failure,  bankruptcy  or  any  other  act  of 
any  such  bank,  to  the  extent  only  of  such  funds  in  the  hands  of 
such  bank  or  banks  at  the  time  of  such  .failure  or  bankruptcy. 
Such  depository  shall  furnish  to  the  school  district  clerk  prior  to 
the  fifth  day  of  July  of  each  year,  a  verified  statement  of  the 
school  district's  account  with  such  depository  for  the  year  end- 
ing June  thirtieth,  which  statement  shall  show  a  credit  to  such 
deposit  account  of  all  sums  of  interest  accruing  on  the  sinking 
fund  deposited. 

Sec.  780.  BONDS,  HOW  NEGOTIATED.— When  any  bonds 
shall  ibe  issued  under  the  provisions  of  this  article,  the  school 
district  treasurer  shall  have  authority  to  negotiate  and  sell  such 
bonds  for  not  less  than  par,  and  the  said  school  district  treasurer 
shall  apply  the  proceeds  arising  from  the  sale  of  such  bonds  only 


70  GENERAL  SCHOOL  LAWS, 

for  the  purpose  of  building  and  furnishing  a  school  house  and 
purchasing  grounds  on  which  the  said  school  house  shall  be 
located,  or  to  fund  any  outstanding  indebtedness,  or  for  the  pur- 
pose o/f  taking  up  any  outstanding  bonds,  as  provided  by  section. 
775  of  this  a/rticle. 

Sec.  781.  COUNTY  AUDITOR  MAY  LEVY  TAX  TO  PAY 
BONDS,  WHEN. — When  any  school  board  neglects  or  refuses  to 
levy  a  tax  in  accordance  with  law  to  meet  outstanding  bonds  or 
the  interest  thereon,  the  county  auditor  shall  have  power  to  levy 
such  tax  and  when  collected  to  apply  the  proceeds  to  the  payment 
of  such  coupons  and  bonds. 

Sec.  782.  CANCELED  BONDS,  RECORD  OF.— When  the 
bonds  of  any  school  district  shall  have  been  paid  by  the  school 
board  they  shall  be  canceled  by  writing  or  printing  in  red  ink 
the  words  "canceled  and  paid"  across  each  bond  and  couipon,  and 
the  date  of  payment  and  amount  paid  shall  be  entered  in  the 
clerk's  register  against  the  proper  number  of  the  bonds,  and  the 
bonds  so  canceled  shall  be  filed  in  the  office  of  the  district  treas- 
urer until  all  the  oustanding  bonds  are  paid,  when  they  shall  be 
destroyed  in  the  presence  of  the  full  board. 

Sec.  783.  PROPOSALS  FOR  BUILDING  SCHOOL  HOUSES. 
— When  any  school  house  is  built  with  funds  provided  for  in  the 
manner  herein  authorized,  the  school  board  shall  advertise  at 
least  thirty  days  in  some  newspaper  printed  in  the  county,  or  bj 
posting  notices  for  the  same  length  of  time  in  at  least  three  of 
the  most  public  and  conspicuous  places,  if  no  newspaper  is  pub- 
lished in  the  county,  for  sealed  proposals  for  building  and  fur- 
nishing such  school  house  in  accordance  with  plans  and  specifica- 
tions furnished  by  the  school  board,  reserving  the  right  to  reject 
any  and  all  bids,  and  if  any  of  the  proposals  shall  be  reasonable 
and  satisfactory  such  'board  shall  award  the  contract  to  the  low- 
est responsible  bidder  and  shall  require  of  such  contractor  a  bond 
in  douible  the  amount  of  the  contract,  conditioned  that  he  will 
properly  account  for  all  money  and  property  of  the  school  district 
that  may  come  into  his  hands  and  that  he  will  perform  the  con 
ditions  of  his  contract  in  a  faithful  manner  and  in  accordance 
with  its  provisions;  and  in  case  all  the  proposals  are  rejected, 
»such  board  shall  advertise  anew  in  the  same  manner  as  before 
until  a  reasonable  bid  shall  be  submitted. 

Sec.  784.  PROVISIONS  OF  THIS  ARTICLE,  HOW  APPLI- 
CABLE.— The  provisions  of  this  article  shall  be  applicable  to 
and  authorize  the  issuance  of  bonds  by  such  school  districts  as 
have  already  built  school  houses  and  issued  orders  or  warrants, 
therefor  and  any  such  school  district  may  vote  to  bond  the  in- 
debtedness incurred  by  reason  of  building  and  furnishing  a  school 


STATE  OF  NORTH  DAKOTA.  71 


house  and  purchasing  a  site  for  the  same  and  bonds  may  be  issued 
in  the  same  manner  as  hereinbefore  provided  for  building  and 
furnishing  school  houses. 

ARTICLE  7. — SPECIAL  DISTRICTS. 

Sec.  785.  CITIES  GOVERNED  BY  THE  PROVISIONS  OF 
THIS  ARTICLE. — All  cities  and  incorporated  towns  and  villages 
which  have  heretofore  been  organized  under  the  general  school 
laws,  and  which  are  provided  with  a  board  of  education,  shall  be 
governed  by  the  provisions  of  this  article.  Any  city  or  incorpo- 
rated town  or  village  having  a  population  of  over  two  hundred 
inhabitants  may  be  constituted  a  special  school  district  in  the 
manner  hereinafter  prescribed,  and  shall  then  be  governed  by 
the  provisions  of  this  article ;  provided,  that  any  city  heretofore 
organized  for  school  purposes  under  a  special  act,  may  adopt  the 
provisions  of  this  article,  by  a  majority  vote  of  the  voters  therein, 
in  the  same  manner  as  is  provided  for  the  organization  of  a  new 
corporation  under  the  provisions  of  this  article. 

DIVISION   OF   SCHOOL   DISTRICTS. 
(Chapter  186,  Laws  1901.) 

Sec.  1.  SPECIAL  SCHOOL  DISTRICTS,  CREATION  OF. 
Whenever  any  incorporated  city,  town  or  village  having 
a  population  of  over  two  hundred  inhabitants,  shall  consti- 
tute a  portion  of  a  school  district,  it  may  be  organized  into  a 
special  school  district  and  the  property  and  indebtedness  of 
such  organized  school  district  divided  as  hereinafter  pro- 
vided. 

Sec.  2.  SUPERINTENDENT  SHALL  CALL  ELECTION 
ON  PETITION.  WHEN.— In  such  case  a  petition  signed  by 
a  majority  of  the  voters  of  such  school  district  as  shown  by 
the  last  school  election  therein,  may  be  presented  to  the  coun- 
ty superintendent  of  schools  for  the  division  of  such  school 
district  and  the  organization  of  such  city,  town  or  village  into 
a  special  school  district,  and  setting  forth  in  detail  the  man- 
ner and  terms  of  the  division  of  *the  property,  real  and  per- 
sonal, and  of  the  indebtedness,  bonded  or  otherwise,  of  such 
school  district  as  desired  by  the  petitioners,  and  thereupon 
such  superintendent  shall  within  five  days  call  an  election 
to  be  held  in  such  incorporated  city,  town  or  village,  and  an 
election  to  be  simultaneously  held  in  that  portion  of  such 
school  district  situated  outside  of  the  limits  of  such  city,, 
town  or  village. 

Sec.  3.  NOTICE  OF  ELECTION.— Such  superintendent 
shall  cause  notice  of  each  of  such  elections  to  be  given  by 
publishing  notices  thereof,  stating  the  time  and  place  of 
holding  such  elections  in  a  newspaper  published  in  such 


72  GENERAL  SCHOOL  LAWS, 

school  district,  if  any,  and  if  there  is  no  newspaper  published 
in  such  school  district,  then  by  posting  notices  of  the  election 
to  be  held  in  such  city,  town  or  village,  in  five  public  places 
therein,  and  by  posting  notices  of  the  election  to  be  held 
•outside  such  city,  town  or  village  in  five  pu'blic  places  in  said 
district  outside  such  city,  town  or  village.  Such  notices 

i  shall  toe  so  published  or  posted  not  less  than  ten  nor  more 
than  fifteen  days  before  such  elections.  Such  superintend- 
ent shall  appoint  judges  and  clerks  of  such  elections  and 
the  same  shall  be  held  and  conducted  in  the  same  manner, 
and  the  polls  shall  be  opened  and  closed  at  the  same  time 
as  in  other  school  district  elections,  and  the  results  of  such 
election  shall  be  certified  and  delivered  to  such  superintend- 

k        cut  immediately  upon  the  close  of  the  polls. 

Sec.  4.  BALLOTS,  WHAT  PRINTED  OX.— There  shall 
be  printed  on  the  ballots  used- at  such  elections  the  following 
statement :  "For  the  division  of  (here  state  the  name  of  the 
school  district  to  be  divided)  and  the  division  of  its  property 
and  deflbts  as  follows  (here  state  the  manner  and  terms  of 
such  division  as  set  forth  in  the  petition  filed.)''  The  voter 
shall  write  after  such  statement  the  word  "Yes,"  if  in  favor 
\  of  such  division,  and  the  word  "No"  if  against  it. 

Sec.  5.  SUPERINTENDENT  SHALL  NOTIFY  PRESI- 
DENT OF  SCHOOL  BOARD.— Such  superintendent  shall 
thereupon  forthwith  notify  the  president  of  the  school  board 
of  such  school  district,  and  the  auditor  or  clerk  of  such  city. 
town  or  village  of  the  result  of  such  elections. 

Sec.  6.  DIVISION  OF  DISTRICT,  WHEN.— If  such  elec- 
tions shall  each  be  in  favor  of  the  division  of  such  school 
district,  such  incorporated  city,  town  or  village  shall  there- 
after constitute  a  special  school  district,  and  such  original 
'  school  district  situated  outside  such  city,  town  or  village 
shall  constitute  a  school  district. 

Sec.  7.  ELECTION 'OF  OFFICERS  FOR  SPECIAL  DIS- 
TRICT AND  DISTRICT.— The  county  superintendent  shall 
thereupon  call  an  election  for  the  election  of  officers  of  such 
special  school  district  and  school  district  of  which  notice 
shall  'be  given  for  at  least  fifteen  days,  which  election  shall 
be  held  as  in  other  cases,  in  school  districts,  and  special 
school  districts  and  such  special  school  district  shall  there- 
after tbe  subject  to  all  provisions  of  law  affecting  other 
school  districts. 

Sec.  8.  DIVISION  OF  PROPERTY.— Such  school  district 
and  such  special  school  district  shall  thereupon  proceed  to 


STATE  OF  NORTH  DAKOTA.  73 

divide  the  property  of  such  original  school  district  according 
to  such  petition  and  shall  be  bound  respectively  to  pay  the 
indebtedness  of  such  district  as  provided  in  such  petition, 
and  may  make  any  contracts  or  conveyances  necessary  to 
carry  into  effect  all  the  provisions  of  such  petition. 

Sec.  9.  BONDED  INDEBTEDNESS.  TAX  TO  BE  LEV- 
IED TO  PAY. — In  case  such  original  school  district  shall 
have  outstanding  any  bonded  debt  for  the  payment  of  which 
no  sufficient  levy  of  taxes  has  been  made,  the  board  of  educa- 
tion of  such  special  school  district  and  the  school  board  of 
such  school  district,  shall  at  the  time  of  making  the  next 
annual  tax  levy,  levy  a  tax  sufficient  to  pay  the  interest  and 
also  the  principal  of  so  much  of  such  bonded  debt  as  shall  be 
assumed  by  such  special  school  district  and  such  school  dis- 
trict respectively  as  the  same  mature  and  shall  designate  the 
amount  of  such  tax  to  be  collected  in  each  year  thereafter, 
and  shall  certify  such  levy  to  the  county  auditor  who  shall 
thereupon  enter  and  extend  upon  the  tax  list  in  each  year 
ithe  amount  of  such  tax  to  be  collected  in  that  year. 

Sec.  10.  BONDED  DEBT.  SPECIAL  SCHOOL  DIS- 
TRICT AND  SCHOOL  DISTRICT  TO  PAY.— Such  special 
school  district  and  such  school  district  shall  provide  for  and 
pay  according  to  the  terms  of  the  bonds,  such  portion  of  such 
'bonded  debt  as  is  assumed  by  it. 

Sec.  11.  FORMATION  OF  UNDER  PRESENT  LAW  NOT 
PROHIBITED.— Nothing  in  this  act  shall  be  construed  to 
(prevent  or  affect  the  formation  of  special  school  districts  in 
accordance  with  provisions  of  law  now  in  force,  or  to  require 
the  equalization  or  adjustment  of  the  property  assets  or  in- 
debtedness of  districts  formed  under  the  provisions  of  this 
act,  otherwise  than  as  herein  provided. 

Sec.  78G.  ADJACENT  TERRITORY,  HOW  ATTACHED  FOR 
SCHOOL  PURPOSES.— When  any  city,  town  or  village  has  been 
organized  for  ®chool  purposes  and  provided  with  a  board  oif  edu- 
cation under  any  general  school  law,  or  a  special  act,  or  'under  the 
provisions  of  this  article,  territory  outside  the  limits  thereof  but 
adjacent  thereto,  may  be  attached  to  such  city,  town  or  village 
for  ischool  purposes  by  the  board  of  education  thereof  upon  ap- 
plication in  writing  signed  by  a  majority  of  the  voters  of  such 
adjacent  territory;  and  upon  such  application  being  made,  if 
such  board  shall  deem  it  proper  and  to  be  the  best  interests  of 
the  school  of  such  corporation  and  of  the  territory  to  be  attached, 
an  order  shall  be  issued  by  such  board  attaching  such  adjacent 
territory  to  such  corporation  for  school  purposes,  and  the  same 
«hall  be  entered  upon  the  records  of  the  board.  Such  territory 


74  GENERAL  SCHOOL  LAWS, 

shall  from  the  date  of  such  order  be  and  compose  a  part  of  such 
corporation  for  school  purposes  only;  such  adjacent  territory 
shall  be  attached  for  voting  purposes  to  such  corporation,  or  if 
the  election  is  held  in  wards,  to  the  ward  or  wards  or  election 
precinct  or  precincts,  to  which  it  lies  adjacent;  and  the  voters- 
thereof  shall  vote  only  for  school  officers  and  upon  school  ques- 
tions; provided,  the  co-unty  commissioners  may  detach  such  ad- 
jacent territory  from  any  special  district  and  attach  to  any 
adjacent  school  or  special  district  or  districts  upon  petition  to- 
do  so,  signed  by  three-fourths  of  the  legal  voters  of  such  adjacent 
territory,  and  all  assets  and  liabilities  shall  be  equalized  accord- 
ing to  section  731. 

Sec.  787.  NAME  OF  BODY  CORPORATE.— Every  such  dis- 
trict shall  be  a  ibody  corporate  for  school  punposeis  by  the  name 
of  ''The  board  of  education  of  the  city,  town  or  village  (as  the  case 

may  be)  of (here  insert  the  corporate  name  of  the 

city,  town  or  village)  of  the  state  of  North  Dakota,"  and  shall 
possess  all  the  powers  and  duties  usual  to  corpora tions  for  public 
purposes  or  conferred  upon  it  by  this  article  or  which  may  here- 
after be  conferred  upon  it  by  law;  and  in  such  name  it  may  sue 
and  be  sued,  contract  and  be  contracted  with,  and  hold  and  con- 
vey such  real  and  personal  property  as  shall  come  into  its  posses- 
sion by  will  or  otherwise;  and  it  shall  procure  and  keep  a  corpo- 
rate seal  by  which  its  official  acts  may  be  attested. 

Sec.  788.  CONVEYANCE  OF  SCHOOL  PROPERTY,  HOW 
EXECUTED. — Any  such  city  or  incorporated  town  or  village  is 
authorized  and  required,  upon  the  request  of  the  board  of  educa- 
tion, to  convey  to  such  board  of  education  all  property  within 
the  limits  of  any  such  corporation  heretofore  purchased  by  it  for 
school  purposes  and  now  held  and  used  for  such  purposes,  the 
title  to  which  is  vested  in  any  such  civil  corporation.  All  con- 
veyances for  such  property  shall  be  signed  by  the  mayor  or  pres- 
ident of  the  board  of  trustees  and  attested  by  the  clerk  of  such 
corporation,  and  shall  have  the  seal  of  the  corporation  affixed 
thereto  and  be  acknowledged  by  the  mayor  or  president  in  the 
same  manner  as  other  conveyances  of  real  estate. 

Sec.  789.  SPECIAL  SCHOOL  DISTRICTS,  HOW  ORGAN- 
IZED.— When  a  petition  signed  by  one-third  of  the  voters  of  a 
city,  incorporated  town  or  village  or  a  school  district,  in  which  is 
located  a  city  or  incorporated  town  or  village  entitled  to  vote  at 
such  election,  is  presented  to  the  council  or  trustees  of  such  city, 
incorporated  town  or  village  or  school  district,  asking  that  such 
city,  incorporated  town  or  village  or  school  district  be  organized; 
as  a.  special  school  district,  s>uch  council  or  board  of  trustees  shall 
within  ten  days  order  an  election  for  such  purpose,  notice  of 


STATE  OF  NORTH  DAKOTA.  75, 

which  shall  be  given,  and  the  election  conducted  and  the  returns- 
made  in  the  manner  provided  by  law  for  their  annual  school 
election;  and  the  voters  of  such  city,  incorporated  town  or  vil- 
lage or  school  district  shall  vote  for  or  against  organization  as  a 
special  school  district  at  such  election. 

Sec.  790.  ELECTION  OF  BOARD  OF  EDUCATION.— If  a  ma- 
jority of  the  votes  cast  at  such  election  is  for  organization  as  a 
(special  school  district,  another  election  shall  be  called  in  the 
same  manner  as  is  prescribed  in  the  foregoing  section,  at  which 
the  voters  of  such  city,  incorporated  town  or  village  or  school 
district  shall  elect  five  members  of  the  board  of  education,  two 
of  whom  shall  serve  until  the  first  annual  election,  two  until  the 
isecond  annual  election,  and  one  until  the  third  annual  election, 
thereafter,  and  until  their  successors  are  elected  and  qualified, 
and  their  respective  terms  shall  toe  determined  by  lot. 

Sec.  791.  TERMS  OF  OFFICE.  QUORUM.— The  board  of 
education  of  each  special  district  shall  consist  of  five  members 
who  shall  toe  elected  toy  the  legal  votens  thereof  and  who  shall 
hold  their  office  for  the  term  of  three  years  and  until  their  succes- 
sors are  elected  and  qualified,  except  as  provided  for  first  elec- 
tions under  this  article,  and  three  members  shall  constitute  a 
quorum  for  the  transaction  of  business  at  any  legal  meeting. 

Sec.  792.  MEMBERS  NOT  TO  BE  INTERESTED  IN  SCHOOL 
CONTRACTS. — The  members  of  such  board  shall  receive  no  com- 
pensation, and  shall  not  be  interested,  directly  or  indirectly,  in 
any  contract  for  making  any  improvements  or  repairs  or  for 
erecting  any  building  or  for  furnishing  any  material  or  supplies 
for  their  district. 

Sec.  793.  ANNUAL  AND  SPECIAL  MEETINGS  OF  BOARD. 
— The  annual  meeting  of  such  board  of  education  shall  be  held  oir 
the  isecond  Tuesday  in  July  following  the  annual  election,  at 
which  time  the  newly  elected  members  shall  assume  the  duties 
of  their  office.  Each  board  shall  meet  for  the  transaction  of 
business  as  often  ais  once  in  each  calendar  month  thereafter  and 
may  adjourn  for  a  shorter  time.  Special  meetings  may  be  called 
by  the  president  or  in  his  absence  by  any  two  members  of  the 
board  toy  giving  a  personal  notice  to  each  member  of  the  board 
or  by  causing  a  written  or  printed  notice  to  be  left  at  his  last, 
place  of  residence  at  least  forty-eight  hours  before  the  time  of 
such  meeting. 

Sec.  794.  ORGANIZATION  OF  BOARD.— At  the  annual 
meeting  on  the  second  Tuesday  in  July  of  each  year  such  board  of 
education  shall  organize  by  electing  a  president  from  among  its 
members  who  shall  serve  for  one  year;  and  they  shall  also  elect 


76  GENERAL  SCHOOL  LAWS, 

a  clerk,  not  one  of  their  own  nuimiber,  who  shall  hold  his  office 
during  the  pleasure  of  the  board  and  receive  such  compensation 
for  his  services  as  shall  be  fixed  by  the  board.  In  the  absence 
of  the  president  at  any  meeting,  a  president  pro  tenipore  may  be 
elected  by  the  'board. 

Sec.  795.  DUTIES  OF  PRESIDENT.— The  president  shall 
preside  at  all  meetings  of  the  board,  appoint  all  committees 
whose  appointment  is  not  otherwise  provided  for  and  sign  all 
warrants  ordered  by  the  board  to  be  drawn  upon  the  treasurer  for 
school  moneys  and  perform  other  acts  required  by  law. 

Sec.  796.  DUTIES  OF  CLERK.  RECORDS.— The  clerk  shall 
keep  a  true  record  of  all  the  proceedings  of  the  board,  take  charge 
of  its  (books  and  documents,  countersign  all  warrants  for  school 
moneys  drawn  >upon  the  treasurer  by  order  of  the  board  and  affix 
the  corporate  seal  thereto  and  perform  such  other  duties  as  the 
board  may  require.  The  records,  books,  vouchers  and  papers 
of  the  board  shall  be  open  to  examination  by  any  taxpayer  of  the 
district.  iSuch  record  or  a  transcript  thereof  certified  by  the 
clerk  and  attested  by  the  seal  of  the  board,  shall  be  received  in 
•all  courts  a.s  prima  facie  evidence  of  the  facts  therein  set  forth. 

Sec.  797.  POWERS  AND  DUTIES  OF  BOARD.— Each  board 
of  education  shall  have  power  and  it  shall  be  its  duty: 

1.  To  establish   a  system   of  graded  common  schools,  which 
shall  toe  free  to  all  children  of  legal  school  age,  residing  within 
such  special  district,  and  shall  be  kept  open  not  less  than  six  nor 
more  than  ten  months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in  its  city,  town  or 
village  as  it  shall  deem  requisite  or  expedient  and  to  change  or 
discontinue  the  same. 

3.  To  establish  and  maintain  a  high  school,  whenever  in  its 
opinion  the  educational  interests  of  the  corporation  demand  the 
same,  in  which  such  courses  of  study  shall  be  pursued  ais  shall  be 
prescribed  or  approved  by  the  superintendent  of  public  instruc- 
tion, together   writh   such   additional    courses  as  such  board  of 
education  may  thereafter  deem  advisable  to  establish. 

4.  To  purchase,  sell,  exchange  and   hire   school   houses   and 
rooms,  lots  or  sites  for  school  houses,  and  to  fence  and  otherwise 
improve  them  as  it  deems  proper. 

5.  Upon  isuch  lots  and  upon  such  sites  as  may  be  owned  by 
such  special  district  to  build,  alter,  enlarge,  improve  and  repair 
school  houses,  outhouses  and  appurtenances  as  it  may  deem  ad- 
Tisaible. 


STATE  OP  NORTH  DAKOTA.  77 

6.  To   purchase,  sell,  exchange,  improve   and    repair    school 
apparatus,  text  books  for  the  use  of  the  pupils,  furniture  and 
appendages  and  to  provide  fuel  for  the  schools. 

7.  To  have  the  custody  of  all  school  property  of  every  kind 
and  to  see  that  the  ordinances  and  by-laws  of  the  city  or  village 
in  relation  thereto  are  observed. 

8.  To  contract  with,  employ  and   pay   all    teachers   in  such 
schools  and  to  dismiss  and  remove  for  cause  any  teacher  when- 
ever the  Interests  of  the  school  may  require  it;  but  any  such 
teacher  shall  be  required  to  hold  a  certificate  to  teach,  issued  by 
the  county  superintendent  or  the  superintendent  of  public  in- 
struction, and  if  any  such  teacher  holds  only  a  county  certificate 
the  board  may  impose  such  further  requirements  as  the  best 
interests  of  the  several  grades  may  require.      Xo  person  who  is 
a  relative  of  any  member  of  the  board  shall  be  employed  as 
teacher  without  the  concurrence  of  the  entire  board. 

9.  To  employ,  should  it  deem  expedient,  a  competent  and  dis- 
creet person  as  superintendent  of  schools  and  to  fix  and  pay  a 
proper  compensation  therefor,  and  such  superintendent  may  be 
required  to  act  as  principal  or  teacher  in  such  school. 

10.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may  deem  expe- 
dient, rules  and  regulations  for  organizing,  grading,  government 
and  instruction  and  the  reception  of  -pupils,  their  suspension  and 
expulsion  and  their  transfer  from  one  school  to  another.      But 
no  pupil  shall  be  suspended  or  expelled  except  for  insubordina- 
tion, habitual  disobedience  or  disorderly  conduct;  such  suspen- 
sion shall  not  be  for  a  longer  period  than  ten  days,  nor  such  ex- 
pulsion beyond  the  end  of  the  current  term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each  year,  all 
the  public  schools  in  the  city  or  village. 

13.  To  make  a  report  on  July  first,  or  as  soon  thereafter  as 
practicable,  of  the  progress,  prosperity  and  condition,  financial 
as  well  as  educational,  of  all  the  schools  under  its  charge,  a  copy 
of  which,  together  with  such  further  information  as  shall  be 
required  by  the  superintendent  of  public  instruction,  shall  be  for- 
warded to  the  county  superintendent,  the  same  as  reports  are 
made  by  other  school  districts;  and  such  report  or  such  portion 
thereof  as  the  board  of  education  shall  consider  advantageous  to 
the  public,  shall  be  published  in  a  newspaper  in  the  city  or  vil- 
lage, and  in  cities  and  villages  of  over  eight  hundred  inhabitants 
it  may  be  published  in  pamphlet  form. 


GENERAL  SCHOOL  LAWS, 


14.  To  admit  children  of  persons  not  living  in  such  special  dis- 
trict into  the  schools  of  such  district,  and  to  fix  and  collect  the 
tuition  therefor,    if   in   its   judgment   the  best  interests  of  the 
school  will  permit. 

15.  To  cause  an  enumeration  of  the  children  of  'school  age 
within  such  special  district,  including  those  residing  in  any  ter- 
ritory thereto  ^attached  for  school  purposes,  to  be  made  annually, 
.as  provided  for  other  school  districts,  and  return  the  same  to  the 
county  superintendent.  , 

Sec.  798.  TREASURER,  CUSTODIAN  OF  SCHOOL  M.ONEYS. 
—  All  moneyi*  from  whatever  source,  which  the  board  of  educa- 
tion of  any  special  district  shall  by  law  be  authorized  to  receive, 
.shall  be  paid  over  to  the  treasurer  of  such  board  and  he  shall 
charge  the  same  to  the  proper  fund. 

Sec.  799.  SCHOOLS  UNDER  SUPERVISION  OF  WHOM.— 
'The  schools  of  each  special  district  shall  be  under  the  immediate 
.supervision  of  the  board  of  education  or  the  school  superintend- 
ent appointed  by  such  board,  .subject  to  such  general  directions 
.and  supervision  <by  the  county  superintendent  as  are  provided  for 
in  this  chapter. 

Sec.  800.  TAXABLE  PROPERTY.—  The  taxable  property  of 
the  whole  school  corporation  including  the  territory  attached 
for  school  purposes,  shall  foe  subject  to  taxation.  All  taxes  col- 
lected for  the  benefit  of  the  school  shall  be  paid  in  money,  and 
.shall  be  placed  in  the  hands  of  the  treasurer,  subject  to  the  order 
.of  the  board  of  education. 

Sec.  801.  ANNUAL  SCHOOL  TAX.—  The  board  of  education 
.shall  on  or  before  the  twentieth  day  of  July  of  each  year  levy  a 
.tax  for  the  support  of  the  schools  of  the  corporation,  including 
.any  expenditures  allowed  by  law,  for  the  fiscal  year  next  ensuing. 
.not  exceeding  in  any  one  year  thirty  mills  on  the  dollar  on  all 
the  real  and  personal  property  within  the  district  which  is  tax- 
.able  according  to  the  laws  of  this  state,  the  amount  of  which  levy 
the  clerk  of  the  board  shall  certify  to  the  county  auditor,  who  is 
.authorized  -and  required  to  place  the  same  on  the  tax  roll  of  such 
county  to  be  collected  -by  the  county  treasurer  as  other  taxes  and 
paid  over  by  Mm  to  the  treasurer  of  the  (board  of  education,  of 
whom  he  shall  take  a  receipt  in  duplicate,  one  of  which  he  shall 
.file  in  his  office  and  the  other  he  shall  forthwith  transmit  to  the 
•clerk  of  the  board  of  education. 

Sec.  802.  EXPENDITURES.  CONTRACTS.—  No  expendi- 
tures involving  an  amount  greater  than  one  hundred  dollars  shall 
^be  made  (except  in  accordance  with  the  provisions  of  a  written 


or 


STATE  OF  NORTH  DAKOTA.  79 

•contract,  and  no  contract  involving  an  expenditure  of  more  than 
five  hundred  dollars  for  the  purpose  of  erecting  any  public  build- 
ings or  making  any  improvements  shall  be  made  except  upon 
sealed  proposals  and  to  the  lowest  responsible  bidder,  after  pub- 
lic notice  f  o<r  ten  days  previous  to  receiving  such  bids. 

Sec.  803.  TREASURER.—  The  treasurer  of  any  city,  town  or 
village  comprising  a  special  district  shall  be  treasurer  of  the 
Aboard  of  education  thereof. 

Sec.  804.  TREASURER,  DUTIES  OF.—  The  treasurer  of  each 
board  of  education  shall  keep  a  true  account  of  the  receipts  and 
expenditures  of  the  various  funds  separate^,  and  shall  prepare 
-and  submit  in  writing  a  quarterly  report  of  the  state  of  the  fin- 
ances of  the  district  and  shall,  when  required,  produce  at  any 
meeting  of  such  board  of  any  committee  appointed  for  the  purpose 
of  examining  his  accounts,  all  books  and  papers  pertaining  to  his 
office.  He  shall  safely  keep  in  his  possession  or  under  his  con- 
trol all  school  moneys  coming  into  his  hands,  and  shall  pay  out 
such  moneys  only  upon  a  warrant  signed  by  the  president,  coun- 
tersigned by  the  clerk  and  attested  by  the  corporate  .seal  of  the 
board. 

Sec.  805.  TREASURERS  BOND.—  The  treasurer  of  the  board 
shall  execute  a  bond  to  such  board,  with  sufficient  sureties  to  be 
approved  by  the  board,  in  such  sum  and  as  such  board  may  from 
time  to  time  require,  as  near  as  can  be  ascertained  in  double  the 
amount  of  the  moneys  likely  to  come  into  his  hands,  conditioned 
for  the  faithful  discharge  of  his  duties  as  treasurer;  which  bond 
shall  be  in  addition  to  his  bond  to  the  city,  town  or  village.  In 
case  of  the  failure  of  the  city,  town  or  village  treasurer  to  give 
isuch  bond  within  ten  days  after  being  required  so  to  do  by  such 
board  of  education,  such  treasurer's  office  shall  become  vacant. 
and  the  council  or  board  of  trustees  of  such  city,  town  or  village 
shall  appoint  another  person  in  his  place,  who  shall  give  such 
additional  bonds. 

Sec.  806.  BOARD  ASSUMES  CONTROL  AFTER  EQUALIZA- 
TION OF  DEBTS  AND  PROPERTY.—  When  any  board  of  edu- 
cation shall  be  organized  under  the  provisions  of  this  article,  it 
shall,  after  the  equalization  hereinafter  provided  for,  assume 
control  of  the  schools  of  the  city,  town  or  village  and  shall  be 
entitled  to  the  possession  of  all  property  of  the  former  district 
or  districts  or  parts  thereof  lying  within  such  city,  town  or  vil- 
lage, for  the  use  of  schools.  Such  board  shall  also  be  entitled 
to  its  due  proportion  of  all  moneys  on  hand  and  taxes  already 
levied  but  not  collected,  and  shall  be  liable  for  a  proper  amount 
of  the  debts  and  liabilities  of  such  former  district,  to  be  deter- 
mined in  the  manner  provided  in  this  chapter  for  the  equaliza- 


80  GENERAL  SCHOOL  LAWS, 


tion,  determination  and  division  of  debts,  property  and  assets  of 
school  districts  consolidated  or  divided. 

Sec.  807.  SPECIAL  DISTRICT  MAY  BECOME  PART  OF 
GENERAL  DISTRICT,  WHEN.— Any  special  district  organized 
under  the  general  school  laws  and  provided  with  a  board  of  edu- 
cation may  become  a  part  of  the  school  district  in  which  it  is 
located,  whenever  it  is  so  decided  by  a  majority  vote  of  the  school 
electors  of  the  city,  town  or  village  and  of  such  school  district 
voting  at  an  election  called  for  that  purpose.  An  election  for 
such  purpose  'Shall  be  ordere<J  and  proper  notice  thereof  given 
by  the  board  of  education  and  the  school  board  of  such  district 
in  the  same  manner  as  is  required  for  the  election  O'f  school  offi- 
cers in  such  district,  when  petitioned  by  one-third  of  the  voters 
resident  in  such  district,  and  when  so  united  the  determination 
and  division  of  the  debts,  property  and  assets  shall  be  made  by 
arbitration  as  provided  in  this  chapter  for  school  districts  consol- 
idated or  divided.  Villages  not  incorporated  but  heretofore 
organized  under  the  general  school  laws  and  provided  with  a 
board  of  education  shall  become  a  part  of  the  school  district  in 
which  they  are  located  and  the  determination  and  division  of  the 
property,  debts  and  assets  shall  be  made  by  arbitration  as  afore- 
said. 

Sec.  808.  ELECTION  OF  BOARDS  OF  EDUCATION  IN 
SPECIAL  DISTRICTS.— On  the  third  Tuesday  in  June  each  year 
an  election  shall  be  held  in  each  special  district  at  which  such 
memibers  of  the  board  of  education  shall  foe  elected  at  large  as 
shall  be  necessary  to  fill  all  vacanies  therein  caused  by  expiration 
of  terms  of  office  or  otherwise,  and  each  member  elected  shall 
serve  for  a  term  of  three  years  commencing  on  the  second  Tues- 
da.y  in  July  following  his  election  and  until  his  successor  is 
elected  and  qualified,  except  when  elected  to  serve  an  unexpired 
term.  The  polls  shall  be  open  at  9  o'clock  A.  M.  and  kept  open 
until  4  o'clock  P.  M.  on  the  day  of  such  election. 

Sec.  809.  NOTICE  OF  ELECTION,  CONTENTS  OF.— Such 
election  shall  be  called  by  the  board  of  education  of  such  special 
district,  which  shall  cause  notice  thereof  to  be  posted  or  pub- 
lished as  required  by  law  for  the  annual  election  of  civil  officers 
in  the  city,  town  or  village  comprising  such  special  district;  such 
notice  shall  be  signed  by  the  clerk,  or,  in  his  aibsence,  by  the  pres- 
ident of  the  board  of  education  of  such  district,  and  shall  state 
the  time  and  place  of  holding  such  election  and  what  officers  are 
to  be  elected  and  their  terms. 

Sec.  810.  NOTICE  OF  ELECTION,  FORM  OF.— Such  notice 
shall  be  in  substantially  the  following  form: 


STATE   OF  NORTH  DAKOTA.  81 


Notice  is  hereby  given,  that  on  Tuesday  the day  of 

June  A.  D ,  an  annual  election  will  be  held  at 

(here  insert  polling  place)  for  the  purpose  of  electing  the  follow- 
ing members  of  the  board  of  education (here  insert  terms 

for  which  they  are  to  'be  elected),  for  the  city,  town  or  village  of 

I  here  insert  name)  and  the  polls  w7ill  be  open  at  nine 

o'clock  A.  M.  and  closed  at  four  o'clock  P.  M.  o>f  that  day. 

I»y  order  of  the  board  of  education. 

Signed , 

Clerk. 

Sec.  811.  ELECTION  PRECINCTS  AND  OFFICERS  OF 
ELECTION. — At  least  fifteen  days  prior  to  such  election  the 
board  of  education  of  each  special  district  shall  designate  one 
polling  place  and  appoint  two  persons  to  act  as  judges  and  two 
persons  to  act  ais  clerks.  Before  opening  the  polls  each  of  such 
judges  and  clerks  shall  take  an  oath  that  he  will  perform  his 
duties  as  judge  or  clerk  (as  the  case  may  be)  according  to  law  and 
to  the  best  of  his  ability,  which  oath  may  be  administered  by  any 
officer  authorized  to  administer  oathis  or  by  either  o«f  said  judges 
or  clerks  to  the  others. 

Sec.  sl±  CANVASS  OF  RETURNS.— Such  election  shall  be 
conducted  and  the  votes  canvassed  in  the  manner  provided  by 
law  for  elections  of  county  officers,  and  returns  shall  be  made 
showing  the  number  of  votes  cast  for  each  person  for  any  office, 
which  shall  be  signed  by  the  judges  and  clerks  of  election,  and 
the  person  receiving  the  highest  number  of  votes  for  each  office 
in  the  district  shall  be  declared  elected,  and  the  returns  shall  be 
filed  with  the  clerk  of  the  board  of  education  within  two  days 
thereafter. 

Sec.  813.  CERTIFICATES  OF  ELECTION.— The  clerk  of  the 
board  shall  give  to  each  person  elected  at  such  election  a  certifi- 
cate stating  that  he  was  duly  elected  as  a  member  of  the  board 
of  education  and  the  time  he  is  to  take  the  oath  and  enter  upon 
the  duties  of  his  office.  Such  clerk  shall  also  certify  as  soon  as 
possible  to  the  county  superintendent  of  school  the  persons  so- 
elected  and  their  terms. 

Sec.  814.  VACANCIES,  HOW  FILLED.— The  board  of  edu- 
cation of  each  city,  town  and  village  shall  have  power  to  appoint 
a  person  to  fill  any  vacancy  which  may  occur  in  the  board;  and 
such  appointee  shall  hold  his  office  until  the  next  annual  school 
election,  at  which  time  a  person  shall  be  elected  to  serve  for  the 
unexpired  term;  but  if  such  vacancy  shall  occur  within  ten  days 
before  an  annual  election,  such  appointee  shall  hold  office  until 
the  annual  election  in  the  following  year.  When  any  such  ap- 


82  GENERAL  SCHOOL  LAWS, 


pointment  shall  be  made  the  clerk  shall  certify  the  same  to  the 
county  superintendent. 

Sec.  815.  OATH  OF  .  OFFICE.— Before  entering  upon  the 
duties  of  his  office  each  person  elected  or  appointed  as  a  member 
of  the  board  of  education,  shall  take  the  oath  or  affirmation  pre- 
scribed in  section  211  of  the  constitution,  which  oath  shall  be 
filed  with  the  clerk  of  the  bo'ard. 

Sec.  816.  BONDS,  HOW  AND  WHEN  ISSUED.— Whenever 
the  taxes  authorized  toy  law  shall  not  be  sufficient  or  shall  be 
deemed  by  the  board  of  education  to  be  burdensome,  bonds  may 
be  issued  and  negotiated  for  the  'purpose  of  raising  money  to  pur- 
chase a  site  or  to  erect  suitable  buildings  thereon,  or  to  fund  any 
outstanding  indebtedness,  or  for  the  purpose  of  taking  up  any 
outstanding  bonds,  of  the  school  corporation;  provided,  that  the 
issuance  of  such  ibonds  shall  first  be  authorized  by  the  voters  of 
such  special  district  as  hereinafter  prescribed.  Such  bonds  shall 
be  signed  by  the  president  and  clerk  and  attested  by  the  corpor- 
ate seal  of  the  'board,  shall  bear  the  date  of  their  issue,  and  be 
payalble  in  not  less  than  five  nor  more  than  twenty  years  from 
their  date,  at  such  place  as  shall  be  designated  upon  their  face. 
The  denominations  of  the  bonds  which  may  be  issued  under  the 
provisions  of  this  article  shall  be  fifty  dollars  or  some  multiple  of 
fifty,  and  shall  ibear  interest  at  not  more  than  seven  per  cent  per 
annum,  payable  semi-annually  on  the  first  day  of  January  and 
July  in  each  year,  shall  show  upon  their  face  that  they  are  is- 
sued for  school  purposes,  and  shall  ibe  sold  at  not  less  than  par. 
Each  bond  shall  'have  indorsed  thereon  the  certificate  of  the  clerk 
of  the  board  stating  that  such  bond  is  issued  pursuant  to  law  and 
is  within  the  debt  limit  prescribed  by  the  constitution. 

Sec.  817.  ELECTION  FOB  ISSUING  BONDS.— Before  issu- 
ing any  such  bonds  the  board  of  education  shall  call  an  election 
for  the  purpose  of  submitting  to  the  voters  of  the  district  the 
question  of  isisuing  such  bonds,  notice  of  which  shall  be  given 
in  the  manner  prescribed  by  law  for  giving  notice  of  the  annual 
election  for  the  several  officers  of  the  city,  town  or  village  com- 
prising such  special  district,  except  that  such  notice  shall  be 
given  twenty  days  before  such  election.  Such  election  shall  be 
conducted  and  the  returns  made  in  the  manner  provided 
for  the  annual  election  of  members  of  the  board  of  education  and 
may  ;be  held  at  the  time  of  the  annual  school  election  or  at  any 
other  time  named  in  such  notice.  The  notice  of  such  election 
shall  clearly  state  the  amount  of  the  ibonds  proposed  to  'be  issued, 
the  time  in  which  they  shall  be  made  payable,  the  purpose  for 
which  they  are  to  be  issued,  and  the  time  and  place  such  election 
will  -be  held.  At  such  election  the  voters  shall  have  written  or 


STATE  OF  NORTH  DAKOTA.  83 

printed  on  their  ballots  "for  issuing  bonds''  or  "against  issuing 
bonds,"  and  if  a  majority  of  the  votes  cast  is  for  issuing  bonds 
such  bonds  shall  be  issued  and  negotiated  by  such  board  of  edu- 
cation, but  if  a  majority  thereof  is  against  issuing  bonds  such 
bonds  shall  not  be  issued,  nor  shall  the  question  be  again  sub- 
mitted for  one  year  thereafter  except  for  a  different  amount  and 
then  only  upon  a  written  petition  of  a  majority  of  the  voters  of 
the  district. 

Sec.  818.  BONDS  TO  SPECIFY  WHAT.  DEBT  LIMIT.— 
The  bonds,  the  issuance  of  which  is  provided  for  in  the  foregoing 
section,  shall  specify  the  rate  of  interest  and  the  time  when  the 
principal  and  interest  shall  be  paid;  and  no  district  shall  issue 
bonds  in  pursuance  of  this  article  in  a  sum  greater  than  five  per 
cent  of  its  assessed  valuation,  including  other  debts. 

Sec.  819.  LEVY  FOR  INTEREST  AND  SINKING  FUND.— 
The  board  of  education  at  the  time  of  its  annual  tax  levy  for  the 
support  of  schools  shall  also  levy  a  sufficient  amount  to  pay  the 
interest  as  the  same  accrues  on  all  bonds  issued  under  the  pro- 
visions of  this  article,  and  also  to  create  a  sinking  fund  for  the 
redemption  of  such  bonds,  which  it  shall  levy  and  collect  in  addi- 
tion to  the  rate  per  cent  authorized  by  the  provisions  aforesaid 
for  school  purposes,  and  such  amount  of  funds  when  paid  into  the 
treasury  shall  be  and  remain  a  special  fund  for  such  purpose 
only,  and  slhall  not  foe  appropriated  in  any  other  way  except  as 
hereinafter  provided.  At  or  before  the  issuance  of  any  bonds 
as  herein  provided  the  board  shall  -by  resolution  provide  for  such 
annual  levy  to  pay  the  interest  and  to  create  such  sinking  fund, 
and  isuch  resolution  shall  remain  in  force  until  all  such  bonds 
and  the  interest  thereon  shall  have  been  paid. 

Sec.  820.  INVESTMENT  OF  SINKING  FUND.— All  moneys 
raised  for  the  purpose  of  creating  a  sinking  fund  for  the  final 
redemption  of  all  bonds  issued  under  this  article,  shall  be  in- 
vested annually  foy  the  board  of  education  in  the  bonds  of  this 
state  or  of  the  United  States,  or  the  board  may  buy  and  cancel 
the  bonds  of  the  district. 

Sec.  821.  INTEREST  COUPONS.— When  the  interest  coupons 
of  the  ibonds  hereinbefore  authorized  shall  become  due  they 
shall  be  promptly  paid,  upom  presentation,  by  the  treasurer  out 
of  any  moneys  in  his  hands  collected  for  that  purpose,  and  he 
shall  indorse  in  red  ink  upon  the  face  of  such  coupons  the  word 
"paid"  and  the  date  of  payment  and  sign  the  initials  of  his  name. 

Sec.  822.  SECURITY  FOR  PAYMENT  OF  BONDS.— The 
school  fund  and  property  of  such  -school  corporation  and  terri- 
tory attached  for  such  purposes  is  hereby  pledged  to  the  pay- 


84  GENERAL  SCHOOL  LAWS, 

ment  of  the  interest  and  principal  of  the  bonds  mentioned  in  this 
article  ais  the  same  may  'become  due. 

Sec.  823.  BONDt  REGISTER.— The  clerk  of  the  board  of  edu- 
cation shall  register  in  a  book  provided  for  that  purpose  the 
bonds  issued  under  this  article  and  all  warrants  issued  .by  the 
board,  which  register  shall  show  the  numiber,  date  and  amount 
of  such  bounds  and  to  whom  payable. 

Sec.  824.  REFUNDING  BONDS,  ISSUANCE  OF.— The  board 
of  education  of  any  special  or  independent  school  district  shall 
have  power, whenever  two-thirds  of  the  members  of  such  bo-ard 
shall  deem  it  necessary  and  for  the  best  interests  of  isuch  school 
district,  to  issue  bonds  for  the  purpose  of  refunding  any  out- 
standing bonds  when  the  isame  become  due.  Such  bonds  shall 
be  issued  in  denominations  of  fifty  dollars  or  some  multiple  of 
fifty,  and  shall  not  exceed  in  amount  the  face  value  of  the  .bonds- 
they  are  issued  to  replace,  and  shall  not  bear  a  higher  rate  of 
interest  than  seven  per  cent  per  annum,  payaible  semi-annually 
on  the  first  day  of  January  and  July  of  each  year,  nor  run  for  a 
longer  period  than  twenty  years. 

Sec.  825.  BONDS  MAY  BE  EXCHANGED.— Such  refunding 
bonds  may  be  exchanged  at  par  for  an  equal  amount  of  out- 
standing bonds  or  may  toe  sold  at  not  less  than  par  value  and  the 
proceeds  applied  solely  to  the  payment  of  the  bonds  to  be  re- 
funded, except  that  any  premium  that  may  be  received  on  the 
sale  of  such  bonds  shall  be  kept  as  a  separate  fund  and  used  for 
the  payment  of  the  interest  on  such  bonds. 

Bee.  826.  ISSUE  OF  BONDS,  HOW  GOVERNED.— In  the 
issuance  of  such  refunding  bonds  the  board  of  education  shall  be 
governed  by  the  provisions  of  section  8J.8  to  823. 

Sec.  827.  SURPLUS  FUNDS,  HOW  TRANSFERRED.— Any 
moneys  remaining  in  the  treasury  of  such  school  districts,  ap- 
propriated o"r  held  for  the  purpose  of  paying  such  bonds  so  re- 
funded, may,  at  the  discretion  of  the  bo<ard  of  education  at  any 
time  within  six  months  after  such  refunded  bonds  have  been 
taken  uip  and  canceled,  be  transferred  to  the  building  or  con- 
tingent fund  of  such  district. 

INVESTMENT   OF   FUNDS   OF   SPECIAL    SCHOOL   DISTRICTS. 
(Chapter  190,  Laws  1901.) 

Section  1.  INVEiSTMENT  OF  SINKING  FUNDS. 
SCHOOL  DISTRICTS. — All  moneys  raised  for  the  purpose 
of  creating  a  sinking  fund  for  the  final  redenifption  of  all 
ibonds  issued  under  article  17  of  chapter  9  of  the  civil  code 
of  this  state  shall  be  invested  annually  by  the  board  of  educa- 
tion of  any  special  school  district  in  this  state  as  follows,, 
(viz: 


STATE  OF  NORTH  DAKOTA.  85 


1.  In  the  bonds  of  this  state  or  of  the  United  States. 

2.  Special  school   district   board  may   designate  one   or 
more  national  or  state  banks  in  the  county  where  such  spe- 
cial school  district  is  situated  as  a  depository  for  such  sink- 
ing fund,  and  in  such  case  the  school  board  shall  advertise 
for  at  least  two  weeks  in  some  newspaper  printed  within  the 
limits  of  said  special  school  district,  if  there  be  one,  if  not, 
in  the  county  where  said  school  district  is  situated,  for  sealed 
proposals  for  the  deposit  of  the  sinking  fund  of  such  school 
district  reserving  the  right  to  reject  any  and  all  bids,  satis- 
fying itself  of  the  responsibility  of  all  banks  proposing  to 
act  as  depositories.      Before  any  bank  shall  be  designated 
as  such  depository  it  shall  present  to  the  school  board  a 
sealed  proposal  stating  in  writing  what  rate  of  interest  will 
be  paid  for  the  deposit  of  isuch  stinking  funds,  and  shall  sub- 
mit to  the  board  for  its  approval,  a  bond  payable  to  the 
special  school  district  conditioned  for  the  safe  keeping  and 
repayment  of  any  funds  deposited  in  such  bank,  which  bond 
Shall  be  signed  fey  not  less  than  three  freeholders  of  this 
state  as  sureties  or  some  surety  bond  company  qualified  to 
do  business  in  this  state  and  such  bond  to  be  in  the  sum 
required  by  the  school  board  and  in  no  case  to  be  less  than 
double  the  probable  amount  of  the  funds  to  be  deposited 
in  such  bank.      The  approval  of  such  bond  shall  be  indorsed 
thereon  by  the  board  and  deposited  with  the  county  auditor 
and  any  bank  whose  bond  shall  have  been  so  approved  shall 
thereupon  be  designated  by  the  school  board  as  a  depository 
for  the  sinking  fund,  and  shall  continue  as  such,  until  such 
time  as  the  board  shall  direct  the  withdrawal  of  such  funds 
or  until  such  funds  are  needed  for  the  payment  or  the  pur- 
chase of  bonds  as  provided  for  in  this  act.     When  the  sink- 
ing fund  of  any  special  school  district  is  deposited  by  the 
treasurer  of  the  board  of  education  of  said  school  district  in 
the  name  of  the  school  district  in  such  depository  such  treas- 
urer and  his  sureties  shall  be  exempt  from  all  liability  there- 
on by  reason  of  loss  of  any  such  funds  from  the  failure,  bank- 
ruptcy or  any  other  act  of  any  such  bank,  to  the  extent  only 
of  such  funds  in  the  hands  of  such  ibank  or  banks  at  the  time 
of  such  failure  or  bankruptcy.     Such  depository  shall    fur- 
nish to  the  clerk  of  the  board  of  education  of  such  special 
school  district  prior  to  the  fifth  day  of  July  of  each  year,  a 
verified  statement  of  the  school  district  account  with  such 
depository  for  the  year  ending  June  30,  which  statement 
shall  show  a  credit  to  such  deposit  account  of  all  sums  of  in- 
terest accruing  on  the  sinking  fund  deposited. 


86  GENERAL  SCHOOL  LAWS, 


3.  The  (board  of  education  of  any  special  school  district 
may  buy  and  cancel  the  bonds  of  such  district  and  pay  for 
the  same  with  the  moneys  in  the  sinking  fund  created  to  pay 
such  bonds. 

4.  In  first  mortgages  on  farm  lands  in  this  state  only  in 
the  following  manner,  to-wit : 

(a)  That  said  first  mortgages  and  all  of  them,  shall  run 
for  a  period  of  time  and  not  exceed  ten  years  and  that  the 
funds  so  invested  shall  bear  interest  at  a  rate  not  less  than 
six  per  cent  per  annum  and  such  interest  when  paid  shall  be 
covered  into  and  became  a  part  of  the  said  sinking  fund. 

(b)  First  mortgage  loans  shall  only  be  made  upon  culti- 
vated lands  wTithin  the  state,  and  to  persons  who  are  actual 
residents  thereof.      And  in  no  case  on  lands  of  which  the  ap- 
praised value  is  lesis  than  seven  dollars  and  fifty  cents  per 
acre,  and  in  sums  not  more  than  one  thousand  dollars  to  any 
one  person,  firm  or  corporation.       Such  appraisement  to  be 
made  iby  the  school  board  of  such  special  school  district  or 
toy  some  competent  person  designated  by  them  for  the  pur- 
pose. 

(c)  All  or  any  of  said  mortgages  may  be  satisfied  at  any 
time  after  five  years  from  the  date  when  made  on  payment 
of  the  full  amount  due  thereon,  by  an  instrument  in  writing 
executed  in  the  corporate  name  of  the  special  school  district 
which  shall  be  the  payee  in  all  notes  taken  for  loans  ais  here- 
in   provided    and   the   mortgagee    in  all  mortgages  taken. 
Such  instrument  to  be  executed  and  acknowledged  in  the 
same  manner  as  is  or  may  be  provided  for  by  law  for  the 
execution  and  acknowledgment  of  transfers  of  real  estate 
by  corporations.       Such  mortgages  may  be  foreclosed  by 
advertisements  or  an  action  in  the  name  of  the  special  school 
district  in  any  court  of  competent  jurisdiction  as  is  now  or 
may  be  provided  by  law. 

Sec.  2.     All    acts   and   parts   of   acts  inconsistent  herein 
(herewith)  are  hereby  repealed. 

Sec.  828.  INDEPENDENT  DISTRICTS,  HOW  ORGANIZED. 
— Any  city  heretofore  organized  fo<r  school  purposes  under  a  spe- 
cial law  and  provided  with  a  board  of  education  may  become 
incorporated  as  an  independent  school  district  under  the  provis- 
ions of  this  article  in  the  manner  following:  Whenever  one-eighth 
•of  the  legal  voters  of  such  city  voting  at  the  preceding  municipal 
election  shall  petition  the  mayor  and  council  thereof  to  "submit 
the  question  as  to  whether  such  city  shall  establish  an  independ- 


STATE  OF  NORTH  DAKOTA.  87 

ent  school  district  under  this  article  to  a  vote  of  the  electors  in 
such  city  it  shall  be  the  duty  of  such  mayor  and  council  to  sub- 
mit such  question  accordingly  and  to  appoint  a  time  and  place 
or  places  at  which  such  vote  may  be  taken  and  to  designate  the 
persons  who  shall  act  as  judges  at  such  election,  tout  siuch  ques» 
tion  shall  not  be  submitted  oftener  than  once  in  two  years. 

Sec.  829.  NOTICE  OF  ELECTION.— The  mayor  of  such  city 
shall  cause  at  least  twenty  days'  notice  of  such  election  to  be 
given  by  publishing  a  notice  thereof  in  one  or  more  newspapers 
within  such  city,  but  if  no  newspaper  is  published  therein,  then 
by  posting  at  least  five  copies  of  such  notice  in  each  ward  or  vot- 
ing precinct. 

Sec.  830.  FORM  OF  BALLOTS.  RETURNS.— The  ballots  to 
be  used  at  such  election  shall  be  in  the  following  form:  "For 
establishing  an  independent  school  district"  or  "against  estab- 
lishing an  independent  school  district."  The  judges  of  such  elec- 
tion shall  make  returns  thereof  to  the  city  council  whose  duty 
it  shall  be  to  canvass  such  returns  and  cause  the  result  of  such 
canvass  to  be  entered  upon  the  records  of  such  city.  If  a  major- 
ity of  the  votes  caist  at  such  election  shall  be  for  establishing  an 
independent  school  district,  such  independent  school  district 
shall  thenceforth  be  deemed  to  be  organized  under  this  article 
and  the  board  of  education  then  in  office  shall  thereupon  exercise 
the  powers  conferred  upon  like  officers  in  this  article  until  their 
successors  are  elected  and  qualified. 

iSec.  831.  BOUNDARIES  OF  INDEPENDENT  DISTRICTS.— 
All  that  portion  included  within  the  corporate  limits  of  any  city 
together  with  the  additions  that  are  now  or  may  be  hereafter 
attached  to  such  city  limits  shall  be  constituted  and  established 
an  independent  school  district  to  be  designated  as  the  "Independ- 
ent School  District  of  the  City  of "  and  a  board  of 

education  is  hereby  established  for  the  same. 

Sec.  832.  MEMBERS  OF  BOARD,  HOW  ELECTED.  QUOR- 
UM.— 'Such  board  shall  consist  of  one  member  from  each  ward  in 
the  city,  and  when  the  city  is  divided  into  an  even  number  of 
wards,  then  such  city  shall  elect  one  member  of  such  board  at 
large.  Such  members  shall  hold  their  office  for  the  term  of  two 
years  and  until  their  successors  are  elected  and  qualified.  A 
majority  of  the  members  of  such  board  shall  constitute  a  quorum 
for  the  transaction  of  business,  but  a  smaller  number  may  meet 
and  adjourn.  The  electors  in  each  ward  in  such  city  shall  elect 
one  member  of  such  board,  and  the  electors  of  such  city  shall 
elect  one  member  of  the  board  at  large.  The  wards  having  even 
numbers  shall  hold  their  election  in  each  even  numbered  year. 


88  GENERAL  SCHOOL  LAWS, 


the  wards  having  odd  numbers  shall  hold  their  election  in 
each  odd  numbered  year.  The  member  at  large  shall  be  elected 
'biennially  in  the  even  numibered  years ;  provided,  when  such  city 
is  divided  into  three  wards,  such  board  shall  consist  of  five  mem- 
bers, one  member  from  each  ward  and  two  members  to  be  chosen 
at  lairge;  provided,  also,  that  at  the  first  election  members  from 
even  numbered  wards  .shall  be  elected  for  a  term  of  one  year, 
.and  members  from  odd  numbered  wards  for  a  term  of  two  years ; 
when  two  memlbers  are  to  be  chosen  at  large  at  isiuch  first  election, 
one  shall  be  elected  for  a  term  of  one  year  and  one  for  a  term  of 
two  years. 

Sec.  833.     DATE  OF  ELECTION.      CANVASS  OF  VOTES.- 

The  election  referred  to  in  the  foregoing  sections  shall  be  held 
on  the  third  Monday  in  April  of  each  year,  at  the  usual  polling 
place  for  municipal  elections  in  each  ward.  The  mayor  shall 
liave  authority  and  is  hereby  empowered  to  appoint  two  judges 
and  one  clerk  for  such  election,  who  shall  open  the  polls  at  the 
hour  of  eleven  o'clock  in  the  forenoon  and  hold  the  same  open 
until  five  o'clock  in  the  afternoon  of  the  same  day.  Such  elec- 
tion shall  be  conducted  in  all  respects  and  the  polls  closed  and 
Totes  canvassed  in  the  same  manner  as  municipal  elections,  and 
the  judges  shall  have  the  same  power  and  authority  in  all  re- 
spects ais  the  judges  of  election  for  municipal  officers,  and  after 
the  votes  are  canvassed  the  judges  shall  make  their  returns  to  the 
city  clerk  or  auditor,  as  tlie  caise  may  be,  within  twenty -four 
hours  after  the  polls  are  closed,  and  the  city  council  shall  canvass 
such  returns  and  declare  the  result  within  three  days  thereafter. 
which  result  shall  be  entered  upon  the  records  of  the  city,  and  it 
shall  .be  the  duty  of  the  city  clerk  or  auditor  to  issue  certificates 
of  election  to  the  persons  declared  elected.  The  judges  and 
clerks  of  election  shall  receive  the  same  compensation  for  their 
services  as  at  municipal  elections  for  mayor  and  aldermen. 

Sec.  834.  VACANCIES,  HOW  FILLED.— If  any  vacancy  oc- 
curs in  the  board  for  any  cause,  the  remaining  members  thereof 
shall  fill  such  vacancy  'by  appointment  until  the  next  annual 
election,  and  at  such  election  a  new  member  shall  be  elected  to 
Ull  the  unexpired  term. 

Sec.  835.  STYLE  AND  POWERS  OF  BOARD.— The  board  so 
elected  shall  ibe  a  body  corporate  in  relation  to  all  the  powers 
and  duties  conferred  upon  it  by  this  article,  and  shall  be  styled 
"The  Board  of  Education  of  the  Independent  School  District  of 

the  City  of (here  insert  the  name  of  the  city)"  and  as 

mich  shall  have  power  to  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  shall  possess  all  the  powers  usual  and  incident 
to  s»uch  bodies  corporate,  and  such  as  shall  be  herein  given,  and 


STATE  OF  NORTH  DAKOTA.  £9 

shall  procure  and  keep  a  common  seal.  At  each  annual  meet- 
ing- of  the  board  the  members  thereof  shall  elect  one  of  their 
number  president  of  the  board,  and  when  he  is  absent  a  president 
pro  tempo  re  shall  be  appointed  who  shall  preside  during  such 
absence.  The  members  so  elected  shall  each  qualify  by  taking 
the  prescribed  oath  of  office  within  ten  days  after  receiving  their 
certificate  of  election,  and  shall  assume  the  duties  of  the  office  at 
the  annual  meeting  jof  the  board  held  on  the  first  Monday  in  May 
of  each  year. 

Sec.  836.  RESPONSIBILITY  OF  BOARD.— The  mem'bers  of 
the  iboard  shall  receive  no  compensation,  nor  be  interested  direct- 
ly or  indirectly  in  any  contract  for  building  or  making  any  im- 
provements or  repairs  provided  by  this  chapter.  They  shall  have 
the  care  and  custody  of  all  public  property  in  such  district  per- 
taining to  school  purposes  and  the  general  management  and  con- 
trol of  all  school  matters. 

Sec.  837.  MEETINGS  OF  BOARD.— The  regular  meetings  of 
the  board  shall  be  held  on  the  first  Tuesday  of  each  month,  and 
the  board  may  hold  special  meetings  upon  notice.  The  regular 
meetings  may  be  adjourned  for  any  time  shorter  than  one  month. 
Special  meetingts  may  be  called  by  the  president,  or  in  case  of  his 
absence  or  inability  to  act,  by  any  three  members  of  the  board 
as  often  as  necessary  by  giving  a  personal  notice  in  writing  to 
each  member  of  the  board  or  by  causing  such  notice  to  be  left 
at  his  place  of  residence  at  least  forty-eight  hours  before  the 
hour  of  such  special  meeting. 

Sec.  838.  SECRETARY,  DUTIES  OF.— Such  board  shall  ap- 
point a  secretary  who  shall  hold  his  office  during  the  pleasure  of 
the  board  and  whose  compensation  shall  be  fixed  by  the  board. 
The  secretary  shall  keep  a  record  of  the  proceedings  of  the  board 
and  perform  such  other  duties  as  the  board  may  prescribe.  Such 
record  or  a  transcript  thereof,  certified  by  the  secretary  and  at- 
tested by  the  seal  of  the  board,  shall  be  received  in  all  courts  as 
prima  facie  evidence  of  the  facts  therein  set  forth;  and  such 
records,  and  all  books,  accounts,  vouchers  and  papers  of  the  board 
shall  at  all  times  be  subject  to  inspection  by  the  members  of  such 
board  or  any  committee  thereof,  or  by  any  taxpayer  of  the  dis- 
trict. For  the  purpose  of  economy  the  board  may,  if  deemed 
advisable,  appoint  one  of  its  own  members  secretary.  The  an- 
nual report  of  the  secretary  shall  contain  such  items  as  may  be 
required  by  the  superintendent  of  public  instruction. 

Sec.  839.  POWERS  OF  BOARD.— The  board  shall  have  power 
and  it  shall  be  its  duty  to  levy  and  raise  from  time  to  time  by  tax 
such  sums  as  may  be  determined  by  the  board  to  be  necessary 
and  proper  for  any  of  the  following  purposes: 


90  GENERAL  SCHOOL  LAWS, 

1.  To  purchase,  exchange,  lease  or  improve  sites  for  school 
houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair 
school  houses  and  their  outhouses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  appar- 
atus, (books,  furniture  and  appendages. 

4.  To  procure  fuel  and  defray  the  contingent  expenses  of  the 
board,  including  the  expenses  of  the  secretary. 

5.  To  pay  teachers'  wages  after  the  apportionment  o<f  public 
moneys  which  may  be  by  law  appropriated  and  provided  for  that 
purpose. 

Sec.  840.  COLLECTION  OP  TAX.— The  tax  to  be  levied  and 
collected  as  aforesaid  by  virtue  of  this  article  shall  be  collected 
in  the  same  manner  as  othercoimty  taxes,  and  for  that  purpose 
the  board  of  education  shall  have  power  to  levy  and  cause  to  be 
collected  such  taxes  as  are  herein  authorized,  and  shall  cause  the 
amount  for  each  purpose  to  be  certified  by  the  secretary  to  the 
county  auditor  in  time  to  be  added  to  and  put  upon  the  annual 
tax  list  of  the  county.  And  it  shall  be  the  duty  of  the  county 
auditor  to  calculate  and  extend  upon  the  annual  assessment  roll 
and  tax  list  the  tax  so  levied  by  such  'board,  and  such  tax  shall 
be  collected  as  other  county  taxes  are  colleected. 

Sec.  841.  AMOUNT  OF  TAX  LIMITED.— The  amount  raised 
for  teachers'  wages  and  contingent  expenses  shall  be  only  such  a& 
together  with  the  public  moneys  coming  to  such  district  from  the 
state  and  county  fund  and  other  sources  shall  be  sufficient  to 
maintain  efficient  and  proper  schools  in  such  district.  The  taxes 
for  the  purchasing,  leasing  or  improving  of  sites,  and  the  build- 
ing, purchasing,  leasing,  enlarging,  altering  or  repairing  of 
school  houses  shall  not  exceed  in  any  year  twenty  mills  o>n  the 
dollar  of  the  assessed  valuation  of  the  taxable  property  of  the 
district  and  the  board  of  education  is  authorized  and  directed, 
when  necessary,  to  borrow  in  anticipation,  the  amount  of  the 
taxes  to  be  raised,  levied  and  collected  as  aforesaid. 

Sec.  842.  AUTHORITY  TO  ISSUE  BONDS.— The  board  of 
education  of  such  district  is  authorized  and  empowered,  and  it  is 
its  duty  whenever  the  board  deems  it  necessary  for  the  efficient 
organization  and  establishment  of  schools  in  such  district,  and 
when  the  taxes  authorized  by  this  article  shall  not  be  sufficient 
or  shall  be  deemed  by  the  board  to  be  burdensome  upon  the  tax- 
payers of  the  district,  from  time  to  time  to  issue  bonds  of  the 
district  in  the  denomination  of  fifty  dollars  or  some  multiple  of 
fifty,  payable  at  a  time  not  to  exceed  twenty  five  years  after  date 


STATE  OF  NORTH  DAKOTA.  91 

and  bearing  interest  at  a  rate  not  to  exceed  seven  per  cent  per 
annum,  payable  semi-annually  on  the  first  day  of  January  and 
July  of  each  year;  and  to  show  upon  their  face  that  they  are 
issued  for  the  purpose  of  building  and  furnishing  a  school  house 
or  school  houses,  purchasing  grounds  on  which  to  locate  the 
same,  or  to  fund  any  outstanding  indebtedness,  or  for  the  purpose 
of  taking  up  any  outstanding  bonds;  and  the  said  board  of  edu- 
cation is  authorized  to  cause  the  isame  to  be  sold  at  not  less  than 
par  value,  and  the  money  realized  therefrom  deposited  with  the 
city  treasurer  to  the  credit  of  such  board  of  education ;  and  when 
any  bonds  shall  be  so  negotiated  it  shall  be  the  duty  of  the  board 
to  provide  toy  tax  for  the  payment  of  the  principal  and  interest 
of  such  bonds;  provided,  that  at  no  time  shall  the  aggregate 
amount  of  such  bonds,  including  all  other  indebtedness,  exceed 
fifty  mills  on  the  dollar  of  valuation  of  the  taxable  property  of 
such  district,  to  be  determined  by  the  last  city  assessment. 

Sec.  843.  MONEYS  PAID  TO  CITY  TREASURER.— AH 
moneys  raised  pursuant  to  the  provisions  of  this  article  and  all 
moneys  which  shall  by  law  be  appropriated  to  or  provided  for 
such  district,  shall  be  paid  over  to  the  city  treasurer  of  the  cityr 
and  the  county  treasurer  shall  from  time  to  time,  as  he  shall  re- 
ceive the  county  school  funds,  and  at  least  once  in  each  month,  on 
the  first  Monday  thereof,  pay  over  to  such  city  treasurer  the  pro- 
portion thereof  belonging  to  such  district;  and  for  that  purpose 
the  board  shall  have  the  power  to  cause  all  needful  steps  to  be 
taken,  including  census  reports  and  other  acts  or  things,  to  en- 
able such  board  to  receive  the  school  money  belonging  to  such 
district,  as  fully  and  completely  as  though  such  district  formed 
one  of  the  school  districts  of  the  county  where  the  same  may  be 
situated. 

Sec.  844.  BOND  OF  TREASURER.— The  city  treasurer  of 
such  city  shall  give  a  bond  to  such  board  of  education  in  such 
sum  as  the  board  shall  from  time  to  time  require,  with  two  or 
more  sureties  to  be  approved  by  the  board,  conditioned  for  the 
safe-keeping  of  the  school  funds,  which  shall  be  in  addition  to  his 
other  bond;  and  isuch  treasurer  and  the  sureties  upon  such  bond 
shall  be  accountable  to  the  board  for  the  moneys  that  come  into 
his  hands,  and  in  case  of  failure  of  such  treasurer  to  give  such 
bond  when  required  by  the  board,  or  within  ten  days  thereafter, 
his  office  shall  become  vacant  and  the  city  council  shall  appoint 
another  person  in  his  place. 

Sec.  845.  SCHOOL  FUNDS,  HOW  KEPT  AND  PAID  OUT.-— 
All  moneys  required  to  be  raised  by  virtue  of  this  article  shall  be 
paid  in  cash  or  in  the  warrants  hereinafter  provided,  drawn  on 
the  school  fund  only,  and  such  moneys  and  all  moneys  received ' 


92  GENERAL  SCHOOL  LAWS, 

by  such  district  for  the  use  of  the  common  schools  therein  shall 
be  deposited  for  safe-keeping  with  such  city  treasurer  to  the 
credit  of  the  board  of  education  and  shall  by  him  be  safely  kept 
separate  and  apart  from  any  other  funds  until  drawn  from  the 
treasury  as  herein  proyided.  Such  treasurer  shall  pay  out  the 
moneys  authorized  by  this  article  only  upon  warrants  drawn  by 
the  president,  countersigned  by  the  secretary  and  attested  by  the 
seal  of  such  board  of  education. 

iSec.  846.     GENERAL  POWERS  OF  BOARD.— The  board  shall 
have  power  and  it  shall  be  its  duty  : 

"  1.  To  organize  and  establish  such  schools  in  the  district  as  it 
shall  deem  requisite  and  expedient,  and  to  change  and  discon- 
tinue the  same. 

2.  To  purchase,  sell,  exchange  and  hire  school  houses  and 
rooms,  lots  or  sites  for  school  houses  and  to  fence  and  improve 
the  same. 

3.  To  build,  enlarge,  alter,  improve  and  repair  school  houses, 
outhouses  and  appurtenances  as  it  may  deem  advisable  upon  lots 
and  sites  owned  by  the  district. 

4.  To  purchase,   sell,   exchange,   improve  and   repair   school 
apparatus,  books  for  indigent  pupils,  furniture  and  appendages 
and  provide  fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses, 
outhouses,  books,  furniture  and  appurtenances,  and  to  see  that 
the  ordinances  of  the  city  council  in  relation  thereto  are  ob- 
served. 

6.  To  contract  with  and  employ  all  teachers  in  such  schools 
and  to  remove  them  at  pleasure. 

7.  To  pay  the  wages  of  such  teachers  out  of  the  money  Appro- 
priated and  provided  by  law  for  the  support  of  common  schools 
in  such  district,  so  far  as  the  same  shall  be  sufficient,  and  the 
residue  thereof  from  the  money  authorized  to  be  raisei  by  this 
article. 

8.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  the  secretary. 

9.  To  have  in  all  respects  the  superintendence  supervision  and 
management  of  the  common  schools  of  such  district,  and  from 
time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may 
deem  expedient,   rules  and  regulations  for  their  organization, 
grading,  government  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the  suspension 


STATE  OP  NORTH  DAKOTA. 


and  epulxsion  of  pupils  subject  to  the  same  restrictions  as  are 
contained  in  subdivision  11  of  section  797,  and  generally  for  their 
good  order,  prosperity  and  utility. 

10.  To  prepare  and  report  to  the  city  council  of  the  city  such 
ordinances  and  regulations  as  may  be  necessary  and  proper  for 
the  protection,  safe-keeping,  care  and  preservation  of  school 
houses,  lots,  and  sites  and  appurtenances  and  all  the  property 
belonging  to  the  district  connected  with  or  appertaining  to  the 
schools  within  the  city  limits,  and  to  suggest  proper  penalties  for 
the  violation  of  such  ordinances  and  regulations,  and  annually. 
on  or  'before  the  first  Monday  in  July,  to  determine  and  certify  to 
the  county  auditor  the  rate  of  taxation  in  its  opinion  necessary 
and  proper  to  be  levied  under  the  provisions  of  this  article  for 
the  year  commencing  on  the  first  day  of  July  thereafter,  and  also 
at  any  time  to  determine  how  many  and  what  denomination  of 
bonds  shall  be  issued  and  sold  to  pay  the  extraordinary  outlays 
required. 

Sec.  847.  VISITING  SCHOOLS.—  Each  member  of  the  board 
shall  visit  all  the  public  schools  in  the  district  at  least  twrice  in 
cadi  year  of  his  official  term,  and  the  board  shall  provide  that 
each  of  such  schools  shall  be  visited  by  a  committee  of  three  or 
more  of  their  number  at  least  once  during  such  term. 

Sec.  848.  NONRESIDENT  PUPILS.—  Such  board  of  educa- 
tion shall  have  power  to  allow  the  children  not  resident  in  such 
district,  to  attend  the  schools  of  such  district  under  the  control 
and  care  of  such  board,  upon  such  terms  as  the  board  shall  pre- 
scribe, fixing  the  tuition  which  shall  be  paid  therefor. 

Sec.  849.  EXPENDITURES  NOT  TO  EXCEED  REVENUES. 

—It  shall  be  the  duty  of  the  board  in  all  its  expenditures  and 
contracts  to  have  reference  to  the  amount  of  money  which  shall 
be  subject  to  its  order  during  the  current  year  for  the  particular 
expenditures  in  question  and  not  to  exceed  that  amount. 

Sec.  850.  TITLE  TO  PROPERTY  OF  DISTRICT.—  The  title  to 
all  property  belonging  to  any  such  independent  school  district 
shall  be  vested  in  such  district  for  the  use  of  the  schools,  and  the 
same  wrhile  used  and  appropriated  for  school  purposes  shall  not 
be  levied  upon  or  sold  by  virtue  of  any  warrant  or  execution  or 
other  process,  nor  be  subject  to  any  judgment  or  mechanic's  lien 
or  taxation  for  any  purpose  whatever;  and  the  district  in  its  cor- 
porate capacity  may  take,  hold  and  dispose  o-f  any  real  and  per- 
sonal ^property  transferred  to  it  'by  gift,  grant,  'bequest  or  devise 
for  the  use  of  common  schools  for  the  district,  whether  the  same 
is  transferred  in  terms  to  such  district  by  its  proper  name  or  to 
any  person  or  body  for  the  use  of  such  schools. 


GENERAL  SCHOOL  LAWS, 


Sec.  851.     REAL  PROPERTY.     TITLE,  HOW  CONVEYED.— 

Whenever  any  property  is  purchased  by  the  board  a  conveyance 
thereof  shall  be  taken  in  the  name  of  such  district;  and  whenever 
.any  sale  of  such  property  is  made  by  the  board  -a  resolution  in 
favor  of  such  sale  shall  first  be  adopted  and  spread  upon  the 
records  of  the  board,  and  the  conveyance  of  such  property  shall 
be  executed  in  the  name  of  such  district  by  the  president  of  the 
board  attested  by  the  secretary  under  the  seal  thereof,  and  ac- 
knowledged iby  such  officers.  Such  president  and  secretary  shall 
have  authority  to  erecute  conveyances  as  aforesaid,  with  or  with- 
out covenants  of  warranty  on  behalf  of  the  district. 

Sec.  852.  REPORT  OF  CITY  TREASURER.—  It  shall  be  the 
•duty  of  the  city  treasurer  at  least  fifteen  days  before  the  annual 
-election  for  members  of  such  board  and  as  often  as  called  upon 
l3y  the  board,  to  prepare  and  report  to  such  board  a  true  and  cor- 
rect statement  of  the  receipts  and  disbursements  of  moneys 
under  and  pursuant  to  the  provisions  of  this  article,  during  the 
preceding  year,  which  statement  shall  set  forth  under  appropri- 
ate heads: 

1.  The  money  raised  .by  the  'board  under  section  839. 

2.  The  school  moneys  received  from  the  county  treasurer. 

3.  The  money  received  under  section  842. 

4.  All  moneys  received  by  the  city  treasurer,  subject  to  the 
order  of  the  board,  specifying  the  sources  from  which  it  accrued. 

5.  The  manner  in  which  all  money  hais  'been  expended,  specify- 
ing the  amount  under  each  head  of  expenditures  and  the  board 
shall  at  least  one  week  before  such  election,  cause  such  state- 
ment to  'be  published  in  all  the  newspapers  of  the  city  which  will 
publish  the  same  gratuitously. 

Sec.  853.  CITY  COUNCIL  TO  PASS  CERTAIN  ORDI- 
NANCES. —  The  city  council  shall  have  the  power  and  it  shall  be 
its  duty  to  pass  such  ordinances  and  regulations  as  the  board  of 
education  may  recommend  as  necessary  for  the  protection,  pres- 
ervation, safe-keeping  and  care  of  the  school  houses,  lots,  sites, 
appurtenances,  libraries  and  all  necessary  property  belonging  to 
or  connected  with  the  schools  of  the  city,  and  to  provide  proper 
penalties  for  the  violation  thereof;  and  all  penalties  shall  be  col- 
lected in  the  same  manner  that  the  penalties  for  the  violation  of 
-city  ordinances  are  collected,  and  when  collected  shall  be  paid  to 
the  city  treasurer,  and  placed  to  the  credit  of  the  board  of  educa- 
tion, and  shall  'be  subject  to  its  order  as  herein  provided. 

Sec.  854.  FORFEIT  FOR  REFUSAL  TO  SERVE  AS  MEM- 
:BER  OF  BOARD.—  It  shall  be  the  duty  of  the  clerk  of  such  board 


STATE  OF  NORTH  DAKOTA.  95 

immediately  after  the  election  of  any  person  as  a  member  thereof, 
personally  or  in  writing,  to  notify  him  of  his  election,  and  if  any 
person  shall  not  within  ten  days 'after  receiving  such  notice  of 
election,  take  and  subscribe  the  oath  as  herein  provided  and  file 
the  same  with  the  city  auditor,  the  board  may  consider  it  as  a 
refusal  to  serve,  and  fill  the  vacancy  thus  occasioned,  and  the  per- 
son so  refusing  shall  forfeit  and  pay  to  the  city  treasurer  for  the 
benefit  of  the  schools  of  such  district  a  penalty  of  fifty  dollars, 
which  may  be  recovered  in  the  name  Of  such  city  by  a  civil 
action. 

ARTICLE  19. — BOAKDS  OF  EDUCATION  IN  CERTAIN  CITIES. 

Sec.  855.  NEW  DISTRICT  TO  ASSUME  DEBTS  OF  OLD.— 
School  districts  created  under  the  provisions  of  this  article  shall 
assume  all  obligations  and  liabilities  incurred  by  the  districts  out 
of  which  they  are  formed,  if  old  districts  are  not  divided,  and  a 
proportionate  part,  if  divided. 

Sec.  856.  BOARDS  .TO  BE  ELECTED  AT  LARGE.— In  each 
city  not  organized  under  the  general  law  there  shall  be  a  board 
of  education  consisting  of  seven  members  having  the  qualifica- 
tions of  electors  who  /shall  be  elected  at  large  by  the  electors  of 
such  city  qualified  to  vote  at  school  elections ;  and,  except  as  may 
be  otherwise  provided  herein  for  the  first  election,  two  members 
of  such  board  shall  be  elected  annually  and  three  triennially  at  a 
special  election  to  be  held  on  the  first  Tuesday  after  the  first 
Monday  in  June;  provided,  that  the  provisions  of  this  article  shall 
not  apply  to  cities  existing  under  a  special  act  and  which  are 
now  conducting  their  schools  under  the  general  school  laws. 

Sec.  857.  TERM  OF  OFFICE.— The  term  of  office  of  a  member 
of  the  board  of  education,  except  as  in  this  article  otherwise  pro- 
vided, shall  be  three  years  and  until  his  successor  is  elected  and 
qualified. 

Sec.  858.  ELECTIONS,  HOW  CONDUCTED.— All  elections 
under  the  provisions  of  this  article  shall  be  called,  conducted  and 
the  votes  canvassed  and  returned  in  the  manner  provided  by  law 
for  general  city  elections. 

Sec.  859.     RELATIVES  NOT  ELIGIBLE  AS  TEACHERS.— No 

son,  wife  or  daughter  of  any  member  of  the  school  board  shall  be 
eligible  to  a  position  as  teacher  in  schools  of  the  district  which 
such  member  represents  except  upon  the  consent  of  all  the  mem- 
bers of  such  board. 

Sec.  860.  INDEPENDENT  SCHOOL  ORGANIZATIONS  UN- 
DER SPECL1L  LAW  ABOLISHED.— Any  independent  district 


96  GENERAL  SCHOOL  LAWS, 

organized  for  ischool  purposes  under  a  special  la.w,  which  does 
not  include  or  is  not  included  in  any  city  or  incorporated  town 
or  village  organized  for  municipal  purposes,  shall  become  a  part 
of  the  school  district  in  w7hich  it  is  located  by  the  repeal  of  the 
special  law  organizing  or  governing  such  independent 
district.  Any  independent  district  organized  for  school  pur^ 
poses  under  a  special  law  or  under  any  other  law  than  is  con- 
tained in  this  chapter,  wrhich  includes  or  is  included  in  any  city 
or  incorporated  towrn  or  village  organized  for  municipal  pur- 
poses, ishall  become. a  special  district  by  the  repeal  of  the  special 
law  organizing  or  governing  such  independent  school  district. 
Any  school  district  or  special  district  so  constituted  or  consti- 
tuted in  part  shall  be  governed  by  the  provisions  of  this  chapter; 
provided,  that  nothing  herein  shall  prevent  any  such  independent 
district  from  coming  under  the  operation  of  this  chapter  in  the 
manner  therein  iprovided. 

Sec.  861.  OLD  SCHOOL  OFFICERS  HOLD  OVER.— The 
board  of  education  or  other  governing  board  o>f  such  independent 
district  shall  continue  to  exercise  the  powers  and  duties  devolv- 
ing upon  it  under  the  'provisions  of  such  special  or  other  law  gov- 
erning such  independent  district,  the  same  a,s  though  such  law 
had  not -been  repealed,  until  the  second  Tuesday  in  July  following 
the  repeal  of  such  special  or  other  law;  provided,  that  all  that 
portion  of  the  general  school  laws  which  provides  for  an  annual 
school  election  shall  apply  to  such  independent  district  and  shall 
be  in  full  force  and  effect  for  the  purpoise  of  electing  school  officers 
at  such  annual  school  election;  and  such  officers  shall  be  elected 
in  and  for  the  whole  school  district,  including  the  independent 
district  or  portion  of  such  independent  district  located  therein, 
or  in  and  for  the  special  district,  the  same  as  though  no  law  had 
ever  existed  providing  for  the  organization  of  such  independent 
district;  provided,  further,  that  in  a  special  district  formed  and 
created  as  herein  provided,  a  full  board  o<f  education  shall  be 
elected  as  provided  by  law  for  first  elections,  but  in  school  dis- 
tricts formed  and  created  as  herein  provided  by  the  addition  of 
such  independent.district  or  portion  thereof,  there  shall  be  elected 
only  such  officers  as  are  required  to  fill  the  regular  vacancies  in 
the'ischool  offices  of  such  school  district  heretofore  organized. 

Sec.  862.  DEBTS  AND  ASSETS  DETERMINED  BY  ARBI- 
TRATION.— When  the  boundaries  of  such  school  district  shall 
have  ibeen  arranged  as  contemplated  in  this  article,  the  determin- 
ation and  division  or  consolidation  of  all  debts,  property  and 
assets  off  the  several  portions  of  such  district  or  districts  so  con- 
solidated shall  >be  made  by  arbitration  as  provided  by  law. 


STATE  OF  NORTH  DAKOTA.  97 


ARTICLE  20. — FREE  TEXT  BOOKS. 

Sec.  8G3.  POWER  OF  BOARD  OF  EDUCATION.— The  board 
of  trustees  or  board  of  education  of  each  and  every  school  dis- 
trict in  the  state  of  North  Dakota  is  hereby  authorized  and  em- 
powered to  select,  adopt  and  contract  for  all  books  and  supplies 
needful  for  the  school  or  schools  under  its  charge;  and  the  said 
board  of  trustees  or  board  of  education  shall  have  power  to  pur- 
chase the  text  books  and  supplies  selected  or  contracted  for,  and 
provide  for  the  loan  free  of  charge  or  sale  at  cost  of  such  text 
books  and  supplies  to  the  pupils  in  attendance  at  such  school  or 
schools;  provided,  that  no  adoption  or  contract  shall  be  for  a 
period  of  less  than  three  years  nor  more  than' five  years;  during 
which  time  the  text  books  so  selected,  adopted  and  contracted 
for  shall  not  be  changed;  provided,  further,  that  before  any  pub- 
lisher or  publishers  shall  enter  or  attempt  to  enter  into  any  con- 
tract for  the  sale  of  text  books,  as  hereinbefore  provided,  they 
shall  file  wjth  the  superintendent  of  public  instruction  of  the 
state  of  North  Dakota  a  list  of  their  books  and  the  lowest  prices 
at  or  for  which  they  will  sell  any  or  all  of  such  books  to  any  board 
of  trustees  or  board  of  education  in  the  state  of  North  Dakota, 
and  they,  the  said  publishers,  shall  deposit  with  the  superin- 
tendent of  public  instruction  a  sample  copy  of  each  book  so 
listed,  which  shall  represent  in  style  of  binding,  mechanical  exe- 
cution, general  make-up  and  matter  the  book  or  books  they  offer 
to  sell  to  the  board  of  trustees  at  or  for  the  prices  so  listed  and 
in  no  case  'shall  prices  be  raised  above  said  listed  prices  as  filed. 
It  shall  be  the  duty  of  the  superintendent  of  public  instruction 
to  furnish  a  certified  copy  of  the  list  o'f  books  and  prices  filed  in 
accordance  with  the  provisions  of  this  section  to  the  district  clerk 
of  each  common  school  district  in  the  state  of  North  Dakota. 

Sec.  804.  FREE  TEXT  BOOKS  PROVIDED,  WHEN.— When- 
ever in  the  judgment  of  the  board  it  is  desirable  or  necessary  to 
the  welfare  of  the  schools  in  the  district  or  to  provide  for  the 
children  therein  better  school  privileges,  or  whenever  'petitioned 
so  to  do  by  two-thirds  of  the  voters  in  the  district,  the  board 
shall  provide  free  text  books  and  supplies  for  all  schools  under 
its  charge,  in  such  manner  as  hereinbefore  provided.  All  books 
purchased  in  accordance  with  the  provisions  of  this  article  shall 
be  paid  for  out  of  the  school  fund  of  the  respective  districts,  and 
it  shall  be  the  duty  of  the  school  districts  and  school  boards  to 
see  that  sufficient  funds  are  raised  and  set  aside  for  the  purpose 
of  this  article.  The  clerk  of  each  district  shall  also  keep  a 
record  of  all  books  furnished  to  the  schools  in  the  district. 


98  GENERAL  SCHOOL  LAWS, 


ARTICLE  21. — PURCHASE  OF  FLAGS  FOR  SCHOOL  DISTRICTS. 

Sec.  865.  UNITED  STATES  FLAG  TO  BE  DISPLAYED.— 
The  school  board  of  any  city,  town  or  district,  is  authorized  and 
required  to  purchase  at  the  expense  of  the  city,  town  or  district 
one  or  more  flags  of  the  United  States,  which  shall  >be  displayed 
in  reasonable  weather,  upon  the  school  houses  or  flagstaffs  upon 
the  school  grounds  during  the  school  hours  of  each  day's  session 
of  school,  and  a  failure  to  comply  with  the  provisions  of  this 
article  on  the  part  of  any  board  of  education  or  district  school 
board,  shall  be  sufficient  grounds  for  removal  of  members  of  such 
board  from  office. 

ARTICLE  22. — STATE  EDUCATIONAL  LIBRARY. 

Sec.  866.  APPROPRIATION  FOR.— There  is  hereby  appro- 
priated out  of  any  funds  in  the  state  treasury  the  sum  of  three 
hundred  dollars  annually,  to  be  paid  .by  warrant  of  the  state 
auditor  on  the  treasurer  uipon  the  presentation  of  an  itemized  bill 
in  due  form  by  the  superintendent  of  public  instruction,  for  the 
purchase  of  reference  or  pedagogical  books  for  the  state  educa- 
tional library  in  the  office  of  such  superintendent 

ARTICLE  23. — HIGH  SCHOOL  BOARD. 

Sec.  867.  HIGH  SCHOOL  BOARD.— The  governor,  superin- 
tendent of  public  instruction  and  president  of  the  state  university, 
are  hereby  constituted  a  board  of  commissioners  on  preparatory 
schools  for  the  encouragement  of  higher  education  in  the  state. 
Said  board  shall  be  called  the  "High  School  Board,"  and  shall 
perform  the  duties  and  have  and  exercise  the  powers  hereinafter 
mentioned. 

Sec.  868.  STUDENTS  CLASSIFIED.— Any  puiblic  graded 
school  in  any  city  or  incorporated  village  or  township,  organized 
into  a  district,  under  the  township  or  district  system,  which  shall 
give  instruction  according  to  the  terms  and  provisions  of  this 
article  and  shall  admit  students  of  either  sex  from  any  part  of  the 
state  without  charge  for  tuition,  shall  be  entitled  to  be  classified 
as  a  state  high  school  and  to  receive  pecuniary  aid  as  hereinafter 
specified;  provided,  however,  that  no  such  school  shall  be  required 
to  admit  nonresident  pupils  unless  they  pass  an  examination  in 
orthography,  reading  in  English,  penmanship,  arithmetic,  gram- 
mar, modern  geography  and  the  history  of  the  United  States. 

Sec.  869.  REQUIREMENTS  FOR  CLASSIFICATION.— The 
said  board  shall  require  of  the  schools  applying  for  such  pecun- 
iary aid  as  prerequisite  to  receiving  such  aid,  compliance  with 
the  following  conditions,  to-wit: 


STATE  OF  NORTH  DAKOTA.  99 

1.  That  there  be  regular  and  orderly  courses  of  study,  embrac- 
ing all  the  branches  prescribed  by  the  said  board  for  the  first 
two  years  of  the  high  school  course. 

2.  That  the  said  school  receiving  pecuniary  aid  under  this 
article  shall  at  all  times  permit  the  said  board  of  commissioners. 
or  any  of  them,  to  visit  and  examine  the  classes  pursuing  the  said 
preparatory  courses. 


.  870.  SCHOOLS  VISITED  ONCE  EACH  YEAR.  WHAT 
SCHOOLS  TO  RECEIVE  STATE  AID.  APPROPRIATION.—  1. 
'The  said  board  of  commissioners  shall  cause  each  school  receiv- 
ing aid  under  this  article  to  be  visited  at  least  once  in  each  year. 
toy  a  committee  of  one  or  more  members,  who  shall  carefully  in- 
spect the  instruction  and  discipline  of  the  preparatory  classes. 
and  make  a  written  report  on  the  same  immediately;  provided, 
that  the  said  board  may,  in  its  discretion,  appoint,  in  any  case, 
competent  persons  to  visit  and  inspect  any  school  and  to  make 
report  thereon;  and  no  money  shall  be  paid  in  any  case  until  after 
such  report  shall  have  been  received  and  examined  by  the  board. 
.and  the  work  of  the  school  approved  by  a  vote  of  the  board. 

2.  The  said  board  shall  receive  applications  from  such  schools 
for  aid  as  hereinafter  provided,  which  applications  shall  be  re- 
ceived and  acted  upon  in  the  order  of  their  reception.  The  said 
board  shall  apportion  to  each  of  the  said  schools  which  shall  have 
fully  complied  with  the  provisions  of  this  article,  and  whose  ap- 
plication shall  have  been  approved'  by  the  board,  the  following 
sums,  to-wit:  One  hundred  seventy  -five  dollars  each  year  to 
•each  school  having  four  years'  high  school  course  and  doing  four 
years'  high  school  work?  the  sum  of  one  hundred  forty  dollars 
each  year  to  each  school  having  a  three  years'  high  school  course 
and  doing  three  years'  high  school  wTork;  the  sum  of  one  hundred 
dollars  each  year  to  each  school  having  a  two  years'  high  school 
course  and  doing  two  years'  high  school  work;  provided,  that  the 
total  amount  of  apportionments  and  expenses  under  this  article 
shall  not  exceed  four  thousand  dollars  in  any  one  year.  The 
sum  of  four  thousand  dollars  is  hereby  appropriated  annually  to 
be  paid  out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
priated for  the  purpose  of  this  article;  which  amount,  or  so  much 
thereof  as  may  be  necessary,  shall  be  paid  upon  the  itemized 
vouchers  of  said  board,  duly  certified  and  filed  with  the  state 
auditor. 

Sec.  871.  NO  COMPENSATION.  EXPENSES.—  The  mem- 
bers of  said  board  shall  serve  without  compensation,  but  the 
;actual  and  necessary  expenses  of  the  board  or  any  examiner  ap- 
pointed by  them,  shall  be  paid  in  the  same  manner  as  those  of 


100  GENERAL  SCHOOL  LAWS, 


state  officers;  provided,  that  the  total  expense,  including  the  ap- 
portionments to  the  schools  aforesaid,  shall  not  exceed  four 
thousand  dollars  in  any  one  year. 

Sec.  872,  DISCRETIONARY  POWERS.  ASSISTANT  EX- 
AMINER.— The  high  school  board  shall  have  full  discretionary 
power  to  consider  and  act  upon  applications  of  schools  for  state 
aid,  and  to  prescribe  conditions  upon  which  said  aid  shall  be 
granted  and  it  shall  .be  its  duty  to  accept  and  aid  such  schools 
only  as  will,  in  its  opinion,  if  aided,  efficiently  perform  the  ser- 
vice contemplated  by  law;  but  in  each  county  two  schools  com- 
plying with  the  prescribed  conditions  shall  have  a  right  to  aid 
from  this  appropriation  before  aid  may  be  granted  to  a  third 
school  in  any  county.  Any  school  once  accepted  and  continuing 
to  comply  with  the  law  and  regulations  of  the  board  made  in  pur- 
suance thereof,  shall  be  aided  not  less  than  three  years.  The 
board  shall  have  'power  to  establish  any  necessary  and  suitable 
rules  and  regulations  relating  to  examinations,  reports,  accept- 
ance and  classification  of  schools,  courses  of  studies  and  other 
proceedings  under  this  article.  Any  assistant  examiner  ap- 
pointed by  the  high  school  board,  as  authorized  by  law,  shall  be 
entitled  to  receive  such  compensation  as  the  board  may  allow,, 
not  exceeding  three  dollars  a  day;  provided,  that  no  such  com- 
pensation shall  be  paid  to  any  person  receiving  a  salary  from  the 
state  or  from  any  state  institution. 

Sec.  873.  SHALL  KEEP  RECORD.— The  said  board  shall  keep 
a  record  of  all  the  proceedings  and  shall  make  on  or  before  the 
first  day  of  December  in  each  year  a  report,  covering  the  previous 
school  year,  to  the  superintendent  of  puiblic  instruction,  showing 
in  detail  all  receipts  and  disbursements,  the  names  and  number 
of  schools  receiving  aid,  the  number  of  pupils  attending  the 
classes  in  each,  to  which  report  they  may  add  such  recommenda- 
tions as  they  may  deem  useful  and  proper. 

ARTICLE  24. — HEALTH  AND  DECENCY  IN  PUBLIC  SCHOOLS. 

Sec.  874.  DUTY  OF  BOARDS  OF  EDUCATION.— It  shall  be 
the  duty  of  all  'boards  of  education  and  district  school  boards  in 
this  state  to  provide  suitaible  and  convenient  water  closets  or 
privies  for  each  of  the  schools  under  their  charge,  at  least  two  in 
number,  which  shall  be  entirely  separate  each  from  the  other, 
and  having  separate  means  of  access;  and  it  shall  'be  the  duty  of 
the  school  officers  aforesaid  to  keep  the  same  in  a  clean,  chaste 
and  wholesome  condition;  and  a  failure  to  comply  with  the  pro- 
visions of  this  article  on  the  part  of  any  board  of  education  or 
district  school  (board,  shall  ibe  sufficient  grounds  for  removal  from 
office  and  for  withholding  from  any  district  any  part  of  the  public 


STATE  OF  NORTH  DAKOTA.  101 

moneys  of  the  state.  The  expense  incurred  by  the  officers  afore- 
said in  carrying  out  the  requirements  of  this  article  shall  be  a 
charge  upon  the  district,  when  such  expense  shall  have  been  ap- 
proved by  the  county  superintendent  of  schools  of  the  county 
within  which  the  school  district  is  located,  and  a  tax  may  be 
levied  therefor  without  a  vote  of  the  district. 


CHAPTER  10. 

EDUCATIONAL  AND   CHARITABLE  INSTITUTIONS. 

ARTICLE  1. — UNIVERSITY  OF  NORTH  DAKOTA. 

Sec.  875.  UNIVERSITY,  WHERE  LOCATED.— The  univer- 
sity of  North  Dakota  as  now  established  and  located  at  the  city 
of  Grand  Forks  shall  continue  to  be  the  university  of  the  state. 

Sec.  876.  BOARD  OF  TRUSTEES  TO  GOVERN.— The  gov- 
ernment of  such  university  shall  be  vested  in  a  board  of  trustees 
consisting  of  five  members  to  be  appointed  by  the  governor  by 
and  with  the  advice  and  consent  of  the  senate,  who  shall  hold 
their  office  for  the  term  of  four  years  commencing  on  the  first 
Tuesday  in  April  next  succeeding  their  appointment. 

Sec.  877.  GOVERNOR  TO  NOMINATE.  VACANCIES.  HOW 
FILLED. — The  governor  shall  nominate  and,  by  and  with  the  ad- 
vl-e  and  consent  of  the  senate,  appoint  during  each  regular  ses- 
sion of  the  legislative  assembly  trustees  of  siuch  university  in 
the  place  of  those  whose  terms  shall  thereafter  first  expire,  and 
such  trustees  shall  hold  their  office  until  their  successors  are  ap- 
pointed and  qualified;  provided,  that  the  governor  shall  fill  any 
vacancy  in  such  board  by  appointment  to  extend  only  until  the 
first  Tuesday  in  April  succeeding  the  next  regular  session  of  the 
legislative  assembly;  and  provided,  further,  that  the  governor 
•shall  during  such  next  regular  session  nominate  and,  by  and  with 
the  advice  and  consent  of  the  senate,  appoint  some  person  to  fill 
such  vacancy  for  the  remainder  of  the  term  unexpired.  Not 
more  than  two  members  of  the  board  shall  be  appointed  from  the 
same  county. 

Sec.  878.  POWERS  AND  DUTIES  OF  BOARD.— The  board 
of  trustees  shall  possess  all  the  powers  necessary  to  accomplish 
the  objects  and  perform  the  duties  prescribed  by  law,  and  shall 
have  the  custody  of  the  books,  records,  buildings  and  all  other 
property  of  such  university.  The  board  shall  elect  a  president 


102  GENERAL  SCHOOL  LAWS, 

and  a  secretary  who  shall  perform  such  duties  as  may  be  pre- 
scribed by  the  by-laws  of  the  board.  The  secretary  shall  keep  a 
correct  record  of  all  transactions  of  the  board,  and  of  the  com- 
mittees thereof,  and  in  addition  to  performing  the  duties  of  sec- 
retary, he  shall  'be  the  superintendent  of  the  buildings  and 
grounds  of  the  university  and  discharge  such  other  duties  as  may" 
from  time  to  time  'be  prescribed  by  the  board  of  trustees. 

Sec.  879.  MEETINGS  OF  THE  BOARD.— The  time  for  the 
election  of  the  president  and  secretary  of  such  board  and  the 
duration  of  their  respective  terms  of  office,  the  time  for  holding 
'the  regular  annual  meeting,  and  such  other  meetings  as  may  be 
required,  and  the  manner  of  giving  notice  of  the  same  shall  be 
determined  by  the  board.  Four  members  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number  may 
^adjourn  from  time  to  time. 

Sec.  880.  NUMBER  OF  MEETINGS  LIMITED.— Such  board 
shall  not  hold  more  than  twelve  sessions  in  any  year  and  sucli 
sessions  shall  not  exceed  twenty-four  days  in  the  aggregate ;  but 
the  governor  may  in  his  discretion  authorize  additional  sessions. 

Sec.  881.  GOVERNMENT  OF  UNIVERSITY.  POWERS  OF 
TRUSTEES.— The  board  of  trustees  shall  adopt  rules  for  the 
government  of  the  university  in  all  its  branches;  elect  a  presi- 
dent and  the  requisite  number  of  professors,  instructors,  officers 
and  employees,  fix  the  salaries  and  the  term  of  office  of  each,  and 
determine  the  moral  and  educational  qualifications  of  applicants 
for  admission  to  the  various  courses  of  instruction;  but  no  in- 
struction, either  sectarian  in  religion  or  partisan  in  politics  shall 
ever  be  allowed  in  any  department  of  the  university,  and  no  sec- 
tarian or  partisan  test  shall  ever  be  allowed  or  exercised  in  the 
appointment  of  trustees,  or  in  the  election  of  professors,  teachers 
or  other  officers  of  the  university,  or  in  the  admission  of  students 
thereto  or  for  any  purpose  whatever.  Such  board  shall  have 
power  to  remove  the  president  or  any  professor,  instructor  or 
officer  of  the  university,  when  in  its  judgment  the  interests  of 
the  university  require  it.  The  board  may  prescribe  rules  and 
regulations  for  the  management  of  the  library,  cabinets,  museum, 
laboratories  and  all  other  property  of  the  university  and  of 
its  several  departments  and  for  the  care  and  preservation  there- 
of, with  suitable  penalties  and  forfeitures  by  way  of  damages 
for  their  violation,  which  may  be  sued  for  and  collected  in  the 
name  of  the  board  before  any  court  having  jurisdiction. 

Sec.  882.  BOARD  MAY  EXPEND  INCOME.— The  board  is 
authorized  to  expend  such  portion  of  the  income  of  the  university 
fund  as  it  may  deem  expedient  for  the  erection  of  suitable  build- 


STATE  OF  NORTH  DAKOTA.  103 

ings  and  the  purchase  of  apparatus,  a  library,  cabinets  and  addi- 
tions thereto;  and,  if  deemed  expedient,  it  may  unite  with  the 
university  as  a  branch  thereof  any  college  in  the  state,  upon  ap- 
plication of  its  board  of  trustees;  and  such  college  so  received 
shall  become  a  branch  of  the  university  and  be  subject  to  visita- 
tion by  the  trustees. 

Sec.  883.  BOARD  TO  MAKE  REPORT,  WHEN.— At  the  close 
of  each  fiscal  year  the  trustees  through  their  president  shall 
make  a  report  in  detail  to  the  governor,  exhibiting  the  progress, 
condition  and  wants  of  each  of  the  colleges  embraced  in  the  uni- 
versity, the  course  of  study  in  each,  the  number  of  professors  and 
students,  the  amount  of  receipts  and  disbursements,  together 
with  the  nature,  cost  and  results  of  all  important  investigations 
and  experiments  and  such  other  information  as  they  may  deem 
important,  one  copy  of  which  shall  be  transmitted  free  by  the 
governor  to  each  college  endowed  under  the  provisions  of  the  act 
of  congress  entitled  "An  act  donating  land  to  the  several  states 
and  territories  which  provide  colleges  for  the  benefit  of  agricul- 
ture and  mechanic  arts,"  approved  July  2,  1862,  and  also 
one  copy  to  the  secretary  of  the  interior. 

Sec.  884.  POWERS  OF  THE  PRESIDENT  AND  FACULTY. 
—The  president  of  the  university  shall  be  president  of  the  sev- 
eral faculties  and  the  executive  head  of  the  instructional  force 
in  all  its  departments;  as  such,  he  shall  have  authority,  subject 
to  the  power  of  the  board  of  trustees  to  give  general  directions 
respecting  the  instruction  and  scientific  investigation  of  the  sev* 
eral  colleges,  and  so  long  as  the  interests  of  the  institution  re- 
quire it  he  shall  be  charged  with  the  duties  of  one  of  the  profes- 
sorships. The  immediate  government  of  the  several  colleges 
shall  be  intrusted  to  their  respective  faculties,  but  the  trustees 
shall  have  the  power  to  regulate  the  course  of  instruction  and 
prescribe  the  books  or  works  to  be  used  in  the  several  courses, 
and  also  to  confer  such  degrees  and  grant  such  diplomas  as  are 
usual  in  universities,  or  as  they  shall  deem  appropriate,  and  to 
confer  upon  the  faculty,  by  'by-laws,  the  power  to  suspend  or 
expel  students  for  misconduct  or  other  causes  prescribed  in  such 
bylaws. 

Sec.  885.  OBJECT  AND  DEPARTMENTS  OF  THE  UNI- 
VERSITY.— The  objects  of  the  university  shall  be  to  provide  the 
means  of  acquiring  a  thorough  knowledge  of  the  various  branches 
of  learning  connected  writh  scintific,  industrial  and  professional 
pursuits,  in  the  instruction  and  training  of  persons  in  the  theory 
and  art  of  teaching,  and  also  instruction  in  the  fundamental  laws 
of  this  state  and  of  the  United  States  in  regard  to  the  rights  and 
duties  of  citizens,  and  to  this  end  it  shall  consist  of  the  following 
branches  or  departments: 


104  GENERAL  SCHOOL  LAWS, 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The  normal  college  or  department. 

4.  The  school  of  mines,  the  object  of  which  shall  be  to  furnish 
facilities  for  the  education  of  such  persons  as  may  desire  to  re- 
ceive instruction  in  chemistry,  metallurgy,  mineralogy,  geology, 
mining,  milling  and  engineering. 

5.  The  military  department  or  school,  the  object  of  which 
shall  be  to  instruct  and  train  students  in  the  manual  of  amis  and 
such  military  'maneuvers  and  tactics  as  are  taught  in  military 
colleges. 

6.  Such  professional  or  other  colleges  or  departments  as  now 
are  or  may  from  time  to  time  be  added  thereto  or  connected 
therewith,  and  the  board  of  trustees  is  hereby  authorized  to  es- 
ta/blish  such  professional  and  other  colleges  or  departments  as 
in  its  judgment  may  be  deemed  necessary  and  proper;  but  no 
money  shall  be  expended  toy  the  board  in  establishing  and  organ 
izing  any  of  the  additional  colleges  or  departments  provided  for 
in  this  section,  until  an  appropriation  therefor  shall  have  first 
•been  made. 

Sec.  886.  COURSES  OF  INSTRUCTION.— The  college  or  de- 
partment of  arts  shall  embrace  courses  of  instruction  in  mathe- 
matical, physical  and  natural  sciences,  with  their  application  to 
industrial  arts  -such  as  agriculture,  mechanics,  engineering,  min- 
ing, and  metallurgy,  manufactures,  architecture  and  commerce 
and  such  branches  included  in  the  college  of  letters  as  shall  be 
necessary  properly  to  fit  the  pupils  in  the  scientific  and  practical 
courses  for  their  chosen  pursuits,  and  in  military  tactics.  In 
the  normal  department  the  proper  instruction  and  learning  in 
the  theory  and  art  of  teaching  and  in  all  the  various  branches 
and  subjects  needful  1,°  qualify  for  teaching  in  the  common 
schools;  and  as  soon  ais  the  income  of  the  university  will  allow, 
in  such  order  as  the  wants  of  the  public  shall  seem  to  require, 
the  courses  of  sciences  and  their  application  to  the  practical 
arts  shall  'be  expanded  into  distinct  colleges  of  the  university, 
each  with  its  own  faculty  and  appropriate  title.  The  college  of 
letters  shall  be  co-existent  with  the  college  of  arts,  and  shall 
embrace  a  liberal  course  o'f  instruction  in  languages,  literature 
and  philosophy,  together  with  such  courses  or  parts  of  courses 
in  the  college  o*f  arts  as  the  trustees  shall  prescribe. 

Sec.  887.     SCANDINAVIAN  LANGUAGE  TAUGHT.— It  shall 
-be  the  duty  of  the  trustees  to  cause  to  be  taught  at  said  institu- 
tion the  Scandinavian  language,  and  for  that  purpose  shall  em- 


STATE  OF  NORTH  DAKOTA-  105 

ploy  as  one  of  the  teachers  of  such  institution  a  professor  learned 
in  that  language. 

Sec.  888.  PUPILS,  WHO  MAY  BECOME.— The  university 
•shall  ibe  open  to  students  of  both  sexes  under  such  regula- 
tions and  restrictions  as  the  board  of  trustees  may  deem  proper, 
and  all  able  bodied  male  students  of  the  university  may  receive 
instruction  and  discipline  in  military  tactics,  the  requisite  arms 
for  which  shall  be  furnished  by  the  state. 

Sec.  889.  GRADUATES  ENTITLED  TO  CERTIFICATES  TO 
TEACH. — After  any  person  has  graduated  at  the  university,  and 
after  such  graduation  has  successfully  taught  a  public  school  in 
this  state  for  sixteen  months,  the  superintendent  of  public  in- 
struction shall  have  authority  and  it  shall  be  his  duty  to  counter- 
sign the  diploma  of  such  teacher  if 'upon  examination  he  is  satis- 
fied that  such  person  has  a  good  moral  character  and  is  possessed 
of  sufficient  learning  and  ability  to  teach.  Any  person  holding 
a  diploma  granted  by  the  board  of  trustees  of  such  university, 
certifying  that  the  person  holding  the  same  has  graduated 
from  such  university,  shall  after  his  diploma,  has  been  counter- 
signed by  the  superintendent  of  public  instruction  as  aforesaid, 
be  deemed  qualified  to  teach  any  of  the  public  schools  in  the 
state,  and  siuch  diploma  shall  be  a  certificate  of  such  qualifica- 
tion until  annulled  by  the  superintendent  of  public  instruction. 

Sec.  890.  TUITION  FEES.— No  student  who  shall  have  been 
a  resident  of  the  state  for  one  year  next  preceding  his  admission 
shall  be  required  to  pay  any  fees  for  tuition  in  the  university, 
except  in  the  law  department  and  for  extra  studies.  The 
trustees  may  prescribe  rates  of  tuition  for  any  pupil  in  the  law 
department,  or  who  is  not  a  resident  as  aforesaid,  and  for  teach- 
ing extra  studies. 

iSec.  891.  COMPENSATION  OF  TRUSTEES.— The  trustees 
shall  be  entitled  to  receive  the  sum  of  tkree  dollars  per  day  for 
each  day  employed  in  attendance  upon  sessions  of  the  board  and 
all  traveling  expenses  necessarily  incurred  thereby.  Upon  the 
presentation  of  the  proper  vouchers  containing  an  itemized  state- 
ment of  the  number  of  days  attendance  and  money  actually  ex- 
pended as  above  specified,  duly  verified  by  the  oath  of  the  trustee 
and  certified  by  the  president  and  secretary  of  the  board,  the 
state  auditor  shall  audit  such  claim  and  draw  his  warrant  upon 
the  state  treasurer  for  the  amount  allowed. 

Sec.  892.  TRUSTEES  TO  MAKE  RULES  AND  BY-LAWS.— 
The  board  of  trustees  shall  make  rules,  regulations  and  by-laws 
for  the  government  and  management  of  the  university  and  of 
each  department  thereof.  It  shall  also  prescribe  rules,  regula- 


106  GENERAL  SCHOOL  LAWS, 


tions  and  toy-laws  for  the  admission  of  students;  but  each  appli- 
cant for  admission  must  undergo  an  examination  to  be  prescribed 
by  the  board,  and  shall  be  rejected  if  it  shall  appear  that  he  is 
not  of  good  moral  character.  The  board  shall  also  require  each 
applicant  for  admission  in  the  normal  department,  other  than 
such  as  shall,  prior  to  admission,  sign  and  file  with  such  board 
a  declaration  of  intention  to  follow  the  business  of  teaching  in 
the  cotmmon  schools  of  this  state  for  at  least  one  year,  to  pay 
such  fees  for  tuition  as  the  board  may  deem  proper  and  reason- 
able. 

Sec.  893.  SALARIES.— The  board  of  trustees  shall  from  time 
to  time  fix  the  salary  of  the  president,  professors  and  teachers  of 
such  university,  and  shall  certify  the  same  to  the  state  auditor. 
Such  board  shall  also  from*  time  to  time  certify  to  the  state 
auditor  the  amount  due  such  persons  for  salary,  and  the  state 
auditor  shall  draw  his  warrants  upon  the  state  treasurer  for  the 
amounts  so  certified. 

Sec.  894.  SECRETARY  OF  STATE  TO  FURNISH  LAWS.— 
The  secretary  of  state  shall  deliver  to  the  university  tiftv  copies 
of  each  volume  of  the  general  and  special  laws  of  the  state,  and 
the  reports  of  the  decisions  of  the  supreme  court,  hereafter  pub* 
lished,  for  use  in  the  way  of  exchanges  and  otherwise  in  the  es- 
tablishment and  maintenance  of  a  law  library  for  the  law  depart- 
ment of  such  university. 

Sec.  895.  SUPREME  COURT  REPORTS,  HOW  OBTAINED.— 
He  shall  procure  for  the  purpose  aforesaid  from  the  publishers 
of  the  supreme  court  reports  fifty  copies  of  each  volume  thereof 
hereafter  published,  in  addition  to  the  number  authorized  for 
other  purposes,  to  be  paid  for  at  the  same  price  and  in  the  same 
manner  as  such  reports  are  delivered  to  the  secretary  for  other 
purposes. 

Sec.  896.  LOAN  OF  MUSKETS  AUTHORIZED.— The  adju- 
tant general  or  whoever  may  be  in  charge  of  the  state  arms  shall, 
under  the  direction  of  the  governor,  loan  to  the  board  of  trustees 
of  such  university  one  hundred  muskets  and  accoutrements  or 
as  many  as  can  be  spared,  not  exceeding  that  number,  the  same 
to  be  used  for  drill  purposes,  by  the  students  of  such  university, 
versity. 

Sec.  897.  MUSKETS,  WTHEN  RETURNED.— In  case  such 
arms  and  accoutrements  are  needed  by  the  state  at  any  time,  the 
governor  or  adjutant  general  under  his  instructions  may  call 
in  the  same  and  the  trustees  of  such  university  shall  immediately 
turn  the  same  over  to  such  officer  in  good  condition. 


STATE  OF  NORTH  DAKOTA.  101 

Sec.  898.  GEOLOGICAL  SURVEY.  DUTY  OF  TRUSTEES. 
— It  shall  be  the  duty  of  the  board  of  trustees  of  the  university 
to  cause  to  be  begun  as  soon  as  may  be  practicable,  ,and  to  carry 
on  a  thorough  geological  and  natural  history  survey  of  the  state. 

Sec.  899.  EXTENT  OF  THE  SURVEY.— The  geological  sur- 
vey shall  toe  carried  on  with  a  view  to  a  complete  account  of  the- 
mineral  kingdom,  as  represented  in  the  state,  including  the  num- 
ber, order,  dip  and  magnitude  of  the  several  geological  stratar 
their  richness  in  ores,  coals,  clays,  peats^,  salines  and  mineral 
waters,  marls,  cements,  "building  stones  and  other  useful  mater- 
ials, the  value  of  said  substances  for  economical  purposes,  and 
their  accessibility;  also  an  accurate  chemical  analysis  of  the- 
various  rocks,  soils,  ores,  clays,  peats,  marls  and  other  mineral 
substances  of  which  a  complete  and  exact  record  shall  be  made. 

Sec.  900.  METEOROLOGICAL  STATISTICS  TABULATED. 
— The  board  of  trustees  shall  also  cause  to  be  collected  and  tab- 
ulated such  meteorological  statistics  as  may  be  needed  to  account 
for  the  varieties  of  climate  in  the  various  parts  of  the  state;  also 
to  cause  to  'be  ascertained  by  barometrical  observations  or  other 
appropriate  means,  the  relative  elevations  and  depressions  of  the 
different  parts  of  the  state;  and  also  on  or  before  the  completion 
of  such  surveys  to  cause  to  be  compiled  from  such  actual  surveys 
and  measurements  as  may  be  necessary  an  accurate  map  of  the 
state;  which  map  when  approved  by  the  governor  shall  be  the 
official  map  of  the  state. 

Sec.  901.  SPECIMENS  COLLECTED.— It  shall  be  the  duty 
of  said  board  to  cause  proper  specimens,  skillfully  prepared,  se- 
cured and  labeled  of  all  rocks,  soils,  ores,  coals,  fossils,  cements,, 
'building  stones,  plants,  woods,  skins  and  skeletons  of  animals,, 
birds,  insects  and  fishes,  and  other  mineral,  vegetable  and  animal 
substances  and  organisms  discovered  or  examined  in  the  course 
of  said  surveys,  to  fee  preserved  for  public  inspection  free  of  cost,, 
in  the  university  of  North  Dakota,  in  rooms  convenient  of  access 
and  properly  warmed,  lighted,  ventilated  and  furnished,  and  in 
charge  of  a  proper  scientific  curator;  and  they  shall  also,  when- 
ever the  same  may  be  practicable,  cause  duplicates  in  reasonable 
num'bers  and  quantities  of  the  above  named  specimens,  to  be  col- 
lected and  preserved  for  the  purpose  of  exchange  with  other  state 
universities  and  scientific  institutions,  of  which  latter  the  Smith- 
sonian institution  at  Washington  shall  have  the  preference. 

Sec.  902.  MAP  OF  THE  STATE.— The  board  shall  cause  a 
geological  map  of  the  state  to  be  made  as  soon  as  may  be  prac- 
ticable, upon  which  by  colors  and  other  appropriate  means  and! 
devices  the  various  geological  formations  shall  be  represented. 


108  GENERAL  SCHOOL  LAWS, 

Sec.  903.  ANNUAL  REPORT  OF  TRUSTEES.— It  shall  be 
the  duty  of  the  board,  through  its  president,  to  make  on  or  before 
the  second  Tuesday  in  Decernlber  of  each  year,  a  report  showing 
the  progress  of  said  surveys,  accompanied  by  such  maps,  draw- 
ings and  specifications  as  may  be  necessary  and  proper  to  ex- 
•emplify  the  same  to  the  governor,  who  shall  lay  the  same  before 
the  legislative  assembly,  and  the  board  upon  the  completion  of 
.any  separate  'portion  of  any  of  the  said  surveys  shall  camse  to  be 
prepared  a  memoir  or  final  report  which  shall  embody  in  a  con- 
venient manner  all  useful  and  important  information  accumu- 
lated in  the  course  of  the  investigation  of  the  particular  depart-* 
inent  or  portion;  which  report  or  memoir  shall  likewise  be  com- 
municated through  the  governor  to  the  legislative  assembly. 

Sec.  904.  STATE  GEOLOGIST.-— The  professor  of  geology  in 
the  university  shall  be  ex-officio  state  geologist. 

Sec.  904a.  APPROPRIATION  FOR  EXPENSES  GEOLOG- 
ICAL SURVEY. — There  is  hereby  appropriated  out  of  any  funds 
in  the  state  treasury  not  otherwise  appropriated  the  sum  of  six 
hundred  dollars  .biennially  to  meet  the  expenses  of  traveling  and 
other  necessary  expenses  connected  with  a  geological  survey  of 
the  state  in  accordance  with  the  law  providing  for  a  geological 
.survey. 

ARTICLE  2. — NORMAL  SCHOOLS. 

Sec.  905.  NORMAL  SCHOOLS  LOCATED.— The  normal 
school  as  established  and  located  at  the  city  of  Mayville  in  the 
county  of  Traill,  and  the  normal  school  as  established  and  located 
at  the  city  of  Valley  City  in  the  county  of  Barnes,  shall  continue 
to  toe  the  normal  schools  of  the  state. 

Sec.  906.  ENDOWMENT  AND  MAINTENANCE.— All  pro- 
ceeds accumulating  in  the  interest  and  income  fund  arising  from 
the  sale  or  rental  of  the  lands  granted  or  hereafter  to  be  granted 
by  the  state  of  North  Dakota,  for  such  normal  schools,  are  hereby 
pledged  for  the  establishment  and  maintenance  of  such  schools. 

Sec.  907.  MANAGEMENT  OF.— The  government  and  man- 
agement of  such  schools  are  vested  in  a  board  of  trustees  to  be 
known  as  the  board  of  trustees  of  the  state  normal  schools,  and 
in  a  board  of  management  for  each  school  to  be  known  as  the 
board  of  management  of  the  normal  school  at  Mayville,  and  the 
board  of  management  of  the  normal  school  at  Valley  City  respect- 
ively. 

Sec.  908.  BOARDS,  HOW  CONSTITUTED.— The  board  of 
management  for  each  normal  school  shall  consist  of  five  mem- 


STATE  OF  NORTH  DAKOTA.  1Q9> 


foers.  The  board  of  trustees  of  such  normal  schools  shall  consist 
of  twelve  menibers,  ten  of  whom  shall  be  the  members  of  the 
respective  'board  of  management  as  herein  provided?  The  gov- 
ernor and  superintendent  of  public  instruction  shall  be  exofficio 
members  of  such  board  of  trustees,  and  the  superintendent  of 
public  instruction  shall  act  as  president  of  such  board. 

Sec.  909.  TERMS  OF  TRUSTEES.— The  governor  shall  by  and 
with  the  advice  and  consent  of  the  senate  appoint  during  each 
biennial  session  of  the  legislative  assembly,  five  members  of  such 
'board  of  trustees  who  shall  hold  their  office  for  four  years  com- 
mencing on  the  second  Tuesday  in  April  following  such  appoint- 
ment. The  governor  shall  fill  all  vacancies  therein  by  appoint- 
ment for  unexpired  terms.  At  the  first  meeting  of  the  board  of 
management  of  each  normal  school  the  members  thereof  shall 
take  and  subscribe  the  oath  of  office  required  of  all  civil  officers 
and  shall  proceed  to  elect  a  president  who  shall  reside  in  the 
vicinity  of  such  normal  school,  and  the  principal  of  'the  school 
shall  'be  the  secretary  of  the  board  but  shall  have  no  vote.  In 
the  absence  of  the  principal  the  board  may  select  one  of  its  mem- 
'bers  to  act  as  secretary.  A  majority  of  the  members  of  the 
board  of  management  shall  constitute  a  quorum  for  the  transac- 
tion of  business. 

Sec.  910.  COMMISSIONS.  SECRETARY.— The  governor 
shall  cause  to  toe  issued  to  each  of  the  mern'bers  of  the  board  of 
trustees  a  commission  under  the  great  seal  of  the  state,  and  such 
commission  shall  designate  the  board  of  management  upon  which 
such  members  shall  serve.  At  the  first  meeting  of  the  board  the 
member's  thereof  shall  proceed  to  select- and  appoint  a  secretary 
of  the  board.  A  majority  of  the  members  of  the  board  of  trus- 
tees shall  constitute  a  quorum  for  the  transaction  of  business. 

Sec.  911.  (Amended.)  MEETINGS.  COMPENSATION.— 
The  board  of  trustees  shall  meet  at  Valley  City  and  at  Mayville 
or  at  the  seat  of  government  at  such  time  each  year  as  may  be 
decided  upon  by  the  board.  The  members  of  the  board  shall 
receive  the  sum  of  three  dollars  per  day  for  each  day  employed 
in  attendance  upon  sessions  O'f  the  board  of  trustees,  or  the  board 
of  management,  and  their  actual  and  necessary  expenses  in  at- 
tending meetings  of  the  respective  boards,  or  in  other  duties  con- 
nected therewith,  which  expenses  shall  be  paid  out  of  the  state 
treasury  upon  the  vouchers  of  the  respective  boards  in  the  man- 
ner provided  by  law.  The  board  of  trustees  shall  not  be  in  ses« 
sion  for  exceeding  eight  days  in  any  one  year  nor  either  board  of 
management  to  exceed  twelve  days  during  each  year.  The  sec- 
retary of  the  board  of  trustees  shall  receive  such  salary  as  shall 
be  determined  by  the  board  not  exceeding  one  hundred  dollars  a 


HO  GENERAL  SCHOOL  LAWS, 


jear  and  his  actual  expenses  incurred  in  attending  meetings  of 
the  board,  which  shall  ibe  paid  as  herein  provided  for  members 
•of  the  board  of  trustees. 

Sec.  912.  TREASURER  TO  KEEP  FUNDS.— All  moneys  aris- 
ing if rom  the  interest  and  income  derived  from  the  rental  and  sale 
of  the  lands  appropriated  to  such  schools  and  all  moneys  that 
may  hereafter  be  appropriated  by  the  state,  including  all  moneys 
raised  in  any  other  manner  for  either  of  such  schools  shall  be 
deposited  with  the  state  treasurer,  to  be  -by  him  kept  in  two  sep- 
arate funds,  to  be  known  as  the  fund  of  the  state  normal  school 
at  Mayville,  and  the  fund  of  the  state  normal  school  at  Valley 
City,  respectively,  and  such  funds  shall  'be  used  exclusively  for 
the  benefit  of  such  schools. 

Sec.  913.  OBJECTS  OF  NORMAL. SCHOOLS.— The  objects  of 
such  normal  schools  shall  be  to  prepare  teachers  in  the  science 
of  education  and  the  art  of  teaching  in  public  schools.  The 
board  of  trustees,  with  the  assistance  of  the  respective  faculties,, 
shall  adopt  the  full  course  of  study  prescribed  for  that  purpose, 
which  shall  embrace  the  academic  and.  professional  studies 
usually  taught  in  normal  schools.  Such  schools  shall  in  all 
things  be  free  from  sectarian  control. 

Sec.  914.  DUTIES  OF  BOARD  AS  TO  APPROPRIATIONS.— 
The  'board  of  management  of  each  normal  school  shall  direct  the 
disposition  of  all  moneys  appropriated  by  the  legislative  assembly 
for  current  expenses  for  such  school,  and  shall  have  supervision 
and  charge  of  the  construction  of  all  buildings  authorized  by  law 
for  such  school,  and  shall  direct  the  disposition  of  all  moneys 
appropriated  therefor  or  accumulating  therefor  as  provided  in 
this  article.  They  shall  have  power  to  appoint  one  of  their 
members  superintendent  of  construction  of  all  buildings,  who 
shall  receive  three  dollars  per  day  for  each  day  actually  and 
necessarily  engaged  in  the  discharge  of  his  duties,  not  to  exceed 
fifty  days  in  any  one  year,  which  sum  shall  be  paid  out  of  the 
state  treasury  as  herein  provided;  but  all  expenditures  incurred 
under  the  direction  of  either  of  the  'boards  aforesaid  shall  be 
audited  and  allowed  by  such  board  of  management  and  the  ex- 
penditures incurred  under  the  direction  of  the  board  of  trustees 
aforesaid  shall  be  audited  and  allowed  by  such  board. 

Sec.  915.  SALARIES  OF  EMPLOYEES.  KEPORTS.— The 
board  of  management  of  each  normal  school  shall  have  the  care 
of  the  buildings  'belonging  to  such  school.  It  shall  have  power 
to  fix  the  (salaries  of  employees,  except  members  of  the  faculty, 
and  to  prescribe  their  respective  duties,  and  to  remove  any  of 
such  employees  at  any  time.  It  shall  at  such  times  as  may  be 


STATE  OF  NORTH  DAKOTA.  HI 

determined  upon  propose  to  the  board  of  trustees  the  names  of 
persons  as  principal,  teachers  and  instructors,  with  the  recom- 
mendation that  such  persons  be  employed  by  such  'board  of  trus- 
tees as  the  faculty  of  such  school.  It  shall  on  or  before  the 
third  Monday  in  November  of  each  year,  make  an  annual  report 
to  the  board  of  trustees,  showing  a  statement  of  all  expenditures 
of  funds  under  its  direction,  the  erection  and  care  of  buildings, 
the  condition  of  the  schools,  and  containing  such  recommenda- 
tions as  they  may  think  proper. 

Sec.  916.  SALARIES  OF  PRINCIPAL  AND  TEACHERS.— 
The  board  of  trustees  shall  fix  the  salaries  of  the  principal,  teach- 
ers and  instructors,  and  shall  employ  the  persons  therefor  that 
have  been  recommended  by  the  respective  boards  of  management, 
unless  in  the  opinion  of  the  board  of  trustees  a  reasonable  ground 
-exists  for  refusing  to  employ  siuch  person.  The  board  of  trus- 
tees shall  prescribe  the  time  and  the  length  of  the  various  terms 
of  such  schools. 

Sec.  917.  THE  FACULTY,  DUTIES  OF.— The  faculty  shall 
consist  of  the  principal,  teachers  and  instructors  employed  for 
each  school  as  herein  provided.  They  shall  pass  all  needful 
rules  and  regulations  for  the  government  and  discipline  of  the 
schools,  regulating  the  routine  of  labor,  study,  meals  and  the 
duties  and  exercises  and  such  other  rules  and  regulations  as  are 
necessary  for  the  preservation  of  morals,  decorum  and  health. 
They  shall  carry  out  the  course  of  study  adopted  by  the  board  of 
trustees  and  shall  arrange  for  the  classification  of  all  pupils  in 
conformity  therewith. 

Sec.  918.  DUTY  OF  PRINCIPAL.— The  principal  shall  be  the 
-chief  executive  officer  of  the  school  and  it  shall  be  his  duty  to  see 
that  all  the  rules  and  regulations  are  executed.  The  subordinate 
officers  and  employees  shall  be  under  his  direction  and  super- 
vision. 

Sec.  919.  ANNUAL  REPORT  OF  FACULTY.— The  faculty 
shall,  on  or  before  the  third  Monday  in  October  in  each  year  make 
an  annual  report  to  the  board  of  trustees  showing  the  general 
condition  of  the  school  and  containing  such  recommendations  as 
the  welfare  of  the  institution  demands. 

Sec.  920.  BIENNIAL  REPORTS  TO  GOVERNOR.— The  board 
of  trustees  shall  make  a  report  to  the  governor  on  or  before  the 
fifteenth  day  of  November  next  preceding  each  biennial  session 
of  the  legislative  assembly,  containing  the  several  reports  of  the 
boards  of  management  and  faculties  herein  provided  for,  showing 
the  condition  of  the  funds  appropriated  for  the  school,  the  money 
expended  and  the  purpose  for  which  the  same  was  expended,  in 


112  GENERAL  SCHOOL  LAWS, 


detail,  and  showing  the  condition  of  the  normal  schools  gener- 
ally. 

Sec.  921.  DIPLOMAS.— The  board  of  trustees  and  the  respect- 
ive faculties  of  each  school  shall  have  power  to  issue  diplomas  to 
all  persons  who  shall  have  completed  the  course  of  study  pre- 
scribed for  the  normal  schools  as  herein  provided,  and  who  shall 
have  passed  a  satisfactory  examination  under  the  direction  of  the 
board  of  trustees,  upon  the  branches  contained  in  such  course, 
and  who  shall  toe  known  to  possess  a  good  moral  character,  which 
diploma  shall  set  forth  the  above  mentioned  facts  and  shall  be 
designated  the  state  normal  school  diploma. 

Sec.  922.  STATE  PROFESSIONAL  CERTIFICATE.— Any 
person  who  is  the  holder  of  such  a  diploma  and  who  can  furnish 
satisfactory  evidence  to  the  superintendent  of  public  instruction 
that  he  has  had  three  years'  successful  experience  a.s  a  teacher, 
shall  be  granted  by  the  superintendent  of  public  instruction  a 
state  professional  certificate,  valid  for  life,  as  provided  by  law, 
and  any  such  person  who  can  furnish  satisfactory  evidence  of 
one  year's  successful  experience  as  a  teacher  shall  be  granted  such 
certificate,  valid  for  five  years,  as  provided  'by  law.  The  fees  for 
such  certificate  shall  be  as  provided  by  law. 

ARTICLE  4. — AGRICULTURAL  COLLEGE. 

Sec.  934.  LOCATION  OF.— The  agricultural  college  shall  con- 
tinue as  now  established  and  located  at  Fargo  in  the  county  of 

Cas-s. 

Sec.  935.  MANAGEMENT  OF.— The  government  and  manage- 
ment of  such  college  is  vested  in  a  board  of  trustees  to  'be  known 
as  the  'board  of  trustees  o-f  the  agricultural  college. 

Sec.  936.  BOARD  OF  TRUSTEES,  HOW  APPOINTED.  VA- 
CANCIES.— The  board  of  trustees  shall  consist  of  seven  members, 
to  be  appointed  as  follows:  During  each  biennial  session  of  the 
legislative  assemibly  there  shall  be  nominated  by  the  governor 
and,  by  and  with  the  advice  and  consent  oif  the  senate,  appointed 
for  the  term  of  fo-ur  years,  trustees  to  fill  vacancies  occurring  by 
the  expiration  of  the  term  of  office  of  those  previously  appointed. 
The  governor  shall  have  power  to  fill  all  vacancies  in  such  board 
which  occur  when  the  legislative  assembly  is  not  in  session,  and 
the  members  of  such  board  shall  hold  their  office  until  their  suc- 
cessors are  appointed  and  qualified  as  provided  in  this  article. 
Persons  appointed  to  fill  vacancies  shall  hold  office  only  until  the 
first  Tuesday  in  April  succeeding  the  next  session  of  the  legisla- 
tive assembly. 


STATE  OF  NORTH  DAKOTA.  113 

Sec.  937.  COMMISSION.  OATH.  ORGANIZATION.— The* 
governor  shall  cause  to  -be  issued  to  each  trustee  so  appointed  a 
commission  under  the  great  seal  of  the  state.  At  the  first  meet- 
ing of  such  board  the  members  thereof  shall  take  and  subscribe 
the  oath  of  office  required  of  other  civil  officers  and  shall  then 
proceed  to  elect  a  president,  secretary  and  treasurer,  but  the 
treasurer  shall  not  'be  a  member  of  the  board.  A  majority  of  the 
members  of  the  board  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  The  'board  shall  require  a  bond  of  its  treasurer 
in  such  an  amount  and  with  such  sureties  as  it  may  deem  proper. 

Sec.  938.  MEETINGS,  WHERE  HELD.  COMPENSATION 
OF  TRUSTEES.— The  'board  shall  hold  its  meetings  at  the  city 
of  Fargo  at  such  times  as  it  may  designate,  but  there  shall  not  be 
to  exceed  six  regular  meetings  each  year;  provided,  that  the  pres- 
ident of  the  board  shall  have  power  to  call  special  meetings 
whenever  in  his  judgment  it  becomes  necessary.  The  members 
of  the  board  shall  receive  as  compensation  for  their  services  the 
sum  of  three  dollars  per  day  for  each  day  employed  and  five  cents 
per  mile  for  each  mile  actually  and  necessarily  traveled  in  at- 
tending the  meetings  of  the  board,  which  sum  shall  be  paid  out 
of  the  state  treasury  upon  vouchers  of  the  board  duly  certified 
by  the  president  and  secretary  thereof. 

Sec  939.  DUTIES  OF  BOARD.— Such  board  shall  direct  the 
disposition  of  all  moneys  appropriated  by  the  legislative  assemlbly 
or  'by  the  congress  of  the  United  States,  or  that  may  be  derived 
from  the  sale  of  lands  donated  by  congress  to  the  state  for  such 
college,  or  that  may  be  donated  to  or  come  from  any  source  to  the 
state  for  said  college,  or  experiment  station  for  North  Dakota, 
subject  to  all  restrictions  imposed  upon  such  funds  either  by  the 
constitution  or  laws  of  the  state  or  by  the  terms  of  such  grants 
from  congress,  and  shall  have  supervision  and  charge  of  the  con- 
struction of  all  ibuildings  authorized  by  law  for  such  college  and 
station.  The  board  shall  have  power  to  employ  a  president  and 
necessary  teachers,  instructors  and  assistants  to  conduct  such 
school  and  carry  on  the  experiment  station  connected  therewith 
and  to  appoint  one  of  its  members  superintendent  of  construction 
of  all  buildings,  who  shall  receive  three  dollars  per  day  for  each 
day  actually  and  necessarily  engaged  in  the  discharge  of  his 
duties,  not  to  exceed  fifty  days  in  any  one  year,  which  sum  shall 
be  paid  out  o-f  the  state  treasury  upon  the  vouchers  of  said  board. 

Sec.  940.  COURSE  OF  INSTRUCTION.— The  object  of  such 
college  shall  be  to  afford  practical  instruction  in  agriculture  and 
the  natural  sciences  connected  therewith,  and  in  the  sciences 
which  bear  directly  upon  all  industrial  arts  and  pursuits.  The 
course  of  instruction  shall  embrace  the  English  language  and  lit- 


114  GENERAL  SCHOOL  LAWS, 


erature,  mathematics,  military  tactics,  civil  engineering,  agricul- 
tural chemistry,  animal  and  vegetable  anatomy  and  physiology, 
the  veterinary  art,  entomology,  geology  and  such  other  natural 
sciences  as  may  be  prescribed,  political,  rural  and  household 
economy,  horticulture,  moral  philosophy,  history,  bookkeeping 
and  especially  the  application  of  science  and  the  mechanic  arts 
to  practical  agriculture.  A  full  course  of  study  in  the  institu- 
tion shall  embrace  not  less  than  four  years,  and  the  college  year 
shall  consist  of  not  less  than  nine  calendar  months,  which  may 
be  divided  into  terms  by  the  board  of  trustees  as  in  its  judgment 
will  best  secure  the  o'bjects  for  which  the  college  was  founded. 

Sec.  941.  BOARD  OF  TRUSTEES  TO  FIX  SALARIES.— The 
board  of  trustees  shall  fix  the  salaries  of  the  president,  teachers, 
instructors  and  other  employees  and  prescribe  their  respective 
duties.  The  board  shall  also  fix  the  rate  of  wages  to  be  allowed 
the  students  for  labor  on  the  farm  and  experiment  station  or  in 
the  shops  or  kitchen  of  the  college.  The  board  may  remove  the 
president  or  subordinate  officers  and  supply  all  vacancies. 

Sec.  942.  FACULTY  TO  ADOPT  RULES  AND  REGULA- 
TIONS.— The  faculty  shall  consist  of  the  president,  teachers  and 
instructors  and  shall  pass  all  needful  rules  and  regulations  for 
the  government  and  discipline  of  the  college,  regulating  the  rou- 
tine of  labor,  study,  meals  and  the  duties  and  exercises,  and  all 
such  rules  and  regulations  as  are  necessary  for  the  preservation 
of  morals,  decorum  and  health. 

Sec.  943.  DUTIES  OF  PRESIDENT.— The  president  shall  be 
the  chief  executive  officer  of  the  college  and  it  shall  be  his  duty 
to  see  that  all  rules  and  regulations  are  executed,  and  the  subor- 
dinate officers  and  employees  not  members  of  the  faculty  shall  be 
under  his  direction  and  supervision. 

Sec.  944.  FACULTY  TO  MAKE  ANNUAL  REPORT  TO 
BOARD. — The  faculty  shall  make  an  annual  report  to  the  board 
of  trustees  on  or  before  the  first  Monday  in  November  of  each 
year,  showing  the  condition  of  the  school,  experiment  station  and 
farm  and  the  results  of  farm  experiments  and  containing  such 
recommendations  as  the  welfare  of  the  institution  demands. 

Sec.  945.  ANNUAL  REPORT  TO  GOVERNOR.— The  board 
of  trustees  shall  on  or  before  the  fifteenth  day  of  November  in 
each  year  'make  a  report  to  the  governor  setting  forth  in  detail 
the  operations  of  the  experiment  station,  including  a  statement 
of  the  receipts  and  expenditures,  a  copy  of  which  report  shall  be 
sent  by  the  governor  to  the  commissioner  of  agriculture  and  to 
the  'secretary  of  the  treasury  of  the  United  States,  and  the  board 
shall  also  make  a  report  to  the  governor  on  or  before  the  fifteenth 


STATE  OF  NORTH  DAKOTA.  115 

•day  of  November  next  preceding  each  biennial  session  of  the  leg- 
islative assembly,  containing  a  financial  statement  showing  the 
condition  of  all  funds  appropriated  for  the  use  of  such  college 
and  experiment  station,  also  the  moneys  expended  and  the  pur- 
poses for  which  the  same  were  expended,  in  detail,  also  the  condi- 
tion of  the  institution  and  the  results  of  the  experiments  carried 
on  there. 

Sec.  946.  HONORARY  DEGREES  MAY  BE  CONFERRED.— 
The  board  and  the  faculty  shall  have  power  to  confer  de- 
grees upon  all  persons  who  shall  have  completed  the  course  of 
study  prescribed  by  them,  and  who  shall  have  passed  a  satis- 
factory examination  in  the  branches  contained  in  such  course, 
and  who  possess  a  good  moral  character. 

Sec.  1)47.  EXPERIMENT  STATION.— The  agricultural  ex- 
periment station  heretofore  established  in  connection  with  such 
college  is  continued  and  the  same  shall  be  under  the  direction  of 
the  board  of  trustees  of  such  college,  for  the  purpose  of  conduct- 
ing experiments  in  agriculture  according  to  the  provisions  of 
section  1  of  the  act  of  congress  approved  March  2,  1887,  entitled 
•"An  act  to  establish  agricultural  experiment  stations  in  connec- 
tion with  the  colleges  established  in  the  several  states  under  the 
provisions  of  an  act  approved  July  2,  1862.  and  of  the  acts  supple- 
mentary thereto." 

Sec.  948.  LEGISLATIVE  ASSENT  TO  GRANT  BY  CON- 
GRESS.— The  assent  of  the  legislative  assembly  is  hereby  given 
in  pursuance  of  the  requirements  of  section  9  of  said  act  of  con- 
gress, approved  March  2,  1887,  to  the  grant  of  money  therein 
made  and  to  the  establishing  of  an  experiment  station  in  accord- 
ance with  section  1  of  said  last  mentioned  act,  and  assent  is 
herefoy  given  to  carry  out  the  provisions  of  said  act. 

Sec.  949  ACCEPTANCE  OF  LAND  GRANT.— The  grants  of 
land  accruing  to  this  state  by  virtue  of  an  act  of  congress  donat- 
ing public  lands  for  the  use  and  support  of  agricultural  colleges 
approved  February  22,  1889,  is  hereby  accepted  with  all  the  con- 
ditions and  provisions  in  said  act  contained,  xand  said  lands  are 
hereby  set  apart  for  the  use  and  support  of  the  colleges  herein 
provided  for. 

Sec.  950.  BOND  OF  TREASURER.— The  treasurur  of  such 
college  shall  give  a  bond  in  the  sum  of  fifty  thousand  dollars  with 
at  least  four  sureties  to  be  approved  by  the  board  of  trustees  of 
such  college,  conditioned  for  the  faithful  accounting  of  all  moneys 
received  by  him  as  such  treasurer. 


116  GENERAL  SCHOOL  LAWS, 

AGRICULTURAL   AND   GEOLOGICAL   SURVEY. 
(Chapter  8,  Laws  1901.) 

Section  1.  AGRICULTURAL  COLLEGE  BOARD  CO-OP- 
ERATE.— The  board  of  trustees  of  the  agricultural  college 
of  the  state  of  North  Dakota  is  hereby  authorized  to  co- 
operate with  the  directors  of  the  United  States  federal  sur- 
veys and  to  accept  the  co-operation  of  the  United  States  with 
this  state  in  executing  a  topographic,  economic  and  agri- 
cultural survey  and  map  of  North  Dakota,  which  is  hereby 
authorized  to  be  made;  and  the  said  board  of  trustees  shall 
have  the  power  to  arrange  with  said  directors,  or  other  au- 
thorized representatives  of  the  United  States  government 
surveys,  concerning  the  details  of  said  work,  the  methods  of 
its  execution,  and  the  order  in  part  of  time  in  which  these 
surveys  and  maps  of  the  different  parts  of  the  state  shall  ibe 
completed;  provided,  that  the  said  directors  of  the  United 
States  government  survey,  thus  co-operating  with  the  state 
of  North  Dakota,  shall  agree  to  expend  on  the  part  of  the 
United  States  *upon  said  work  a  sum  equal  to  that  appropri- 
ated by  the  state  of  North  Dakota  for  that  purpose. 

Sec.  2.  MAPS  UNIFORM  WITH  U.  S.  MAPS.— In  arrang- 
ing the  details  heretofore  referred  to,  it  is  expected  that  the 
topographic  maps  resulting  from  this  survey  shall  be  similar 
in  general  design  to  the  Fargo  and  Cas-selton  sheets  already 
made  'by  the  United  States  geological  survey;  that  they  shall 
show  the  location  of  all  roads,  railroads,  streams,  lakes  and 
rivers,  and  shall  contain  certain  lines  showing  the  elevation 
and  depression  for  every  twenty  feet  of  vertical  interval  of 
the  surface  of  the  county ;  and  that  the  resulting  maps  shall 
recognize  the  co-operation  of  the  state  of  North  Dakota. 

Sec.  3.  MAKE  AN  ECONOMIC  SURVEY.— Following 
the  completion  of  the  topographic  maps,  or  as  rapidly  as  deemed 
expedient,  an  economic  survey  shall  be  made,  including  a 
complete  account  of  all  economic  resources  of  agricultural 
importance,  including  the  character  and  value  of  soil  for 
agricultural  purposes,  the  nature  and  extent  of  water  sup- 
plies, both  surface  and  artesian,  together  with  the  analysis 
of  soils,  waters,  etc.,  including  also  the  collecting  and  tabu- 
lating of  meteorological  data  necessary  in  explaining  clim- 
atic variations,  and  such  other  investigations  as  naturally 
'belong  to  an  economic  survey. 


STATE  OF  NORTH  DAKOTA.  H7 

Sec.  4.     STATE  DIRECTOR  TO  COLLECT  SAMPLES.— 

It  shall  be  the  duty  of  the  state  director  of  this  survey  to 
collect  or  cause  to  be  collected  samples  of  all  rocks,  ^oils, 
coals,  clays,  minerals,  fossils,  plans,  woods,  skins  and  skele- 
tons of  native  animals,  and  such  other  products  of  economic 
or  scientific  interest  discovered  during  this  survey,  which 
properly  secured  and  labeled,  shall  be  placed  on  exhibition 
in  the  museum  of  the  North  Dakota  agricultural  college. 

Sec.  5.  ARRANGE  TO  PUBLISH  MAPS.— The  state 
director  of  this  survey  shall  arrange  with  the  directors  of 
the  government  surveys  for  the  publications  of  economic 
maps  resulting  from  this  survey,  which  shall  be  similar  in 
design  to,  and  uniform  with  the  publication  now  made  by 
these  surveys  accompanied  by  (a)  the  written  description  of 
the  formations  and  economic  resources,  which  shall  consti- 
tute a  report,  embodying  and  setting  forth  all  useful  infor- 
mation developed  during  these  investigations. 

Sec.  6.  PUBLISH  REPORTS.— There  shall  be  published 
from  time  to  time,  as  bulletins  of  the  North  Dakota  experi- 
ment station,  preliminary  reports  of  this  survey,  as  the  work 
progresses,  showing  the  results  of  the  survey  and  investiga- 
tions conducted,  together  with  preliminary  maps,  showing 
the  areas  covered,  and  these  preliminary  reports  shall  be 
sent  gratis  to  all  citizens  of  North  Dakota  making  appli- 
cation. 

Sec.  7.  MAKE  BIENNIAL  REPORT  TO  GOVERNOR.— 
It  shall  be  the  duty  of  the  said  board  of  trustees,  through  the 
state  director  of  this  survey,  to  make  on  or  before  the  second 
Tuesday  of  December  of  each  year,  immediately  preceding 
the  regular  sessions  of  the  legislative  assembly  of  North  Da- 
kota, a  biennial  report  to  the  governor,  showing  cho  progress 
of  the  survey,  accompanied  by  copies  of  the  maps  completed 
and  results  accomplished,  together  with  a  report  of  all 
moneys  received  and  expended;  and  the  governor  shall  lay 
this  report  before  the  legislative  assembly. 

Sec.  8.  STATE  DIRECTOR.— The  professor  jf  geology  ^f 
the  North  Dakota  agricultural  college  shall  act,  mde:*  the 
direction  of  the  board  of  trustees  of  said  institution,  as  state 
director  of  this  survey. 

Sec.  9.  APPROPRIATION.— There  is  hereby  appropri- 
ated out  of  the  money  oif  the  state  treasury,  not  otherwise 
appropriated,  the  sum  of  five  hundred  dollars  $500)  annually, 


118  GENERAL  SCHOOL  LAWS, 

which  shall  be  paid  by  the  state  treasurer  upon  a  draft  from 
the  secretary  of  the  board  of  trustees,  having  in  control  this 
survey. 

Sec.  10.  NAME. — This  survey  shall  be  known  as  the  Agri- 
cultural College  survey  of  North  Dakota. 

Sec.  11.  NOT  CONFLICTING.— This  act  is  not  to  be  con- 
strued as  conflicting  in  any  manner  with  or  repealing  the 
geological  survey  of  North  Dakota  already  established  at  the 
state  university. 

Sec.  12.  BELONG  TO  THE  STATE.— Any  lands  belonging 
to  the  state,  or  lands  known  as  school  lands  and  public  insti- 
tution lands,  in  which  is  discovered  any  valuable  deposit  of 
coal  or  'minerals  of  any  kind,  clay,  gravel  or  stone  shall  be 
and  remain  the  property  of  the  state  until  provision  for  the 
sale  or  leasing  thereof  is  especially  provided  for  by  law. 


AKTICLE  5. — DEAF  AND  DUMB  ASYLUM. 

Sec.  951.  LOCATION.— The  deaf  and  dumb  asylum  as  located 
by  the  constitution  at  Devils  Lake  shall  continue  to  be  the  insti- 
tution for  the  support  and  education  of  he  deaf  and  dumb  chil- 
dren of  the  state. 

Sec.  952.  BOARD  OF  TRUSTEES,  HOW  APPOINTED.— 
Such  institution  shall  be  under  the  supervision  of  a  board  of 
trustees  consisting  of  five  members,  who  shall  be  appointed  by 
the  governor  by  and  wTith  the  advice  and  consent  of  the  senate. 
At  each  biennial  session  of  the  legislative  assembly  the  governor 
.shall  nominate  and,  by  and  with  the  advice  and  consent  of  the 
senate,  appoint  for  the  term  of  four  years,  trustees  to  fill  vacan- 
cies occurring  by  the  expiration  of  the  term  of  office  of  those 
previously  appointed,  and  the  governor  shall  have  power  to  fill 
all  vacancies  in  the  board  w  hich  shall  occur  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  such  board  shall 
hold  their  office  for  the  term  of  four  years  commencing  on  the 
first  Tuesday  in  April  succeeding  their  appointment,  and  until 
their  successors  are  appointed  and  qualified,  except  members 
appointed  to  fill  vacancies  during  the  recess  of  the  legislative 
assemJbly,  which  members  shall  hold  only  until  the  first  Tuesday 
in  April  succeeding  the  next  regular  session  of  the  legislative 
assembly. 


STATE  OP  NORTH  DAKOTA.  H9 


Sec.  953.  ORGANIZATION.  MEETINGS.— Such  trustees 
shall  meet  in  the  city  of  Devils  Lake.  They  shall  choose  from 
among  their  number  a  president  and  secretary,  who  shall  hold 
office  for  two  years,  and  until  their  successors  are  appointed  and 
qualified.  Three  members  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  business.  Such  'board  shall  meet 
annually  in  the  month  of  April  and  as  often  thereafter  as  may 
be  deemed  necessary  for  the  proper  transaction  of  business,  upon 
the  call  of  the  president  or  secretary. 

Sec.  954.  OATH.  DUTIES  OF  OFFICERS  OF  BOARD.— 
Each  member  of  the  board  shall  before  entering  uipon  his  duties 
take  and  subscribe  the  oath  required  o<f  other  civil  officers,  which 
oath  shall  'be  filed  in  the  office  of  the  secretary  of  rat-ate.  The 
president  shall  preside  at  all  meetings  of  the  board  when  pres- 
ent and  in  his  absence  a  president  pro  tempore  may  be  named  to 
perform  the  duties  of  president.  The  secretary  shall  keep  a  cor- 
rect record  of  the  proceedings  of  the  board  and  have  charge,  in 
trust  for  the  institution,  of  all  papers  and  records  of  the  same. 

Sec.  955.  BOARD  TO  DIRECT  DISPOSITION  OF  MON- 
EYS.— The  board  shall  direct  the  disposition  of  all  moneys  ap- 
propriated by  the  legislative  assembly  or  received  from  any 
other  source  for  the  benefit  of  sucn  institution. 

Sec.  956.  DUTIES  OF  BOARD.— Such  board  shall  have  gen- 
eral supervision  of  the  institution,  adopt  rules  for  the  govern- 
ment thereof,  employ  and  fix  the  salaries  of  all  employees,  pro- 
vide necessaries  for  the  institution  and  perform  other  duties, 
not  devolving  upon  the  principal,  necessary  to  render  it  efficient 
and  to  carry  out  the  provisions  of  this  article. 

Sec.  957.  INDEBTEDNESS  LIMITED.— The  board  shall  not 
create  any  indebtedness  against  such  institution  exceeding  the 
amount  appropriated  by  the  legislative  assembly  for  the  use 
thereof. 

Sec.  958.  COMPENSATION  OF  MEMBERS  OF  BOARD.— 
The  members  of  the  board  shall  receive  as  compensation  for  their 
services  three  dollars  per  day  for  each  day  employed,  and  five 
cents  per  mile  for  each  mile  actually  and  necessarily  traveled 
in  attending  meetings  of  the  board,  to  be  paid  out  of  the  state 
treasury  upon  vouchers  of  the  board  duly  certified  by  the  presi- 
dent and  secretary  thereof. 

Sec.  959.     FEE  FOR  NONRESIDENT  CHILDREN.— Deaf  and 

dumb  children,  not  residents  of  this  state,  of  suitable  age  and 
capacity,  shall  be  entitled  to  an  education  in  such  school  on  pay- 
ment to  the  state  treasurer  of  the  sum  of  one  hundred  and  eighty 


120  GENERAL  SCHOOL  LAWS, 

dollars  per  annum,  in  advance,  but  such  children  shall  not  be 
received  to  the  exclusion  of  children  of  this  state. 

Sec.  960.  RESIDENTS  ENTITLED  TO  EDUCATION  FREE.— 
Each  deaf  and  dumb  person,  who  is  a  resident  of  this  state,  of 
suitable  age  and  capacity,  shall  be  entitled  to  receive  an  educa- 
tion in  such  institution  at  the  expense  of  the  state. 

Sec.  961.  DEAF  TO  BE  REPORTED  TO  PRINCIPAL  OF 
SCHOOL. — The  assessors  of  each  county  shall  annually  report 
to  the  county  auditor  the  names,  ages,  post  office  address  and 
names  of  parents  or  guardian  of  each  deaf  and  dumb  person 
between  the  ages  of  five  and  twenty -five  years  residing  in  his  dis- 
trict, including  all  such  persons  as  may  be  too  deaf  to  acquire  an 
education  in  the  common  schools.  Such  county  auditor  shall, 
on  or  'before  the  first  day  of  August  in  each  year,  send  a  list  con- 
taining the  names,  ages  and  residences  of  all  such  'persons  to  the 
principal  of  the  school. 

Sec.  962.  ACCOUNTS  FOR  CLOTHING,  HOW  COL- 
LECTED.— When  the  pupils  of  such  institution  are  not  other- 
wise provided  or  supplied  with  suitable  clothing,  they  shall  be 
furnished  therewith  by  the  principal,  who  shall  make  out  an  ac- 
count thereof  in  each  case  against  the  parent  or  the  guardian, 
if  the  pupil  is  a  minor,  and  against  the  pupil  if  he  has  no  parent 
or  guardian  or  if  he  has  attained  the  age  of  majority;  which 
account  shall  be  certified  to  be  correct  by  the  principal,  and 
when  so  certified  such  account  shall  be  presumed  correct  in  all 
courts.  The  principal  shall  thereupon  transmit  such  account 
by  mail  to  the  county  treasurer  of  the  county  from  which  the 
pupil  so  supplied  shall  have  come;  and  such  treasurer  shall  pro- 
ceed at  once  to  collect  the  amount  by  suit  in  the  name  of  his 
county,  if  necessary,  and  pay  the  same  into  the  state  treasury. 
The  principal  shall  at  the  same  time  remit  a  duplicate  of  such 
account  to  the  state  auditor,  who  shall  credit  the  same  to  the 
account  of  the  school  and  charge  it  to  the  proper  county;  pro- 
vided, that  if  it  shall  appear  by  the  affidavit  of  three  disinter- 
ested citizens  of  the  county,  not  of  kin  to  the  pupil,  that  such 
pupil  or  hisi  parents  would  be  unreasonably  oppressed  by  such 
suit,  then  such  treasurer  shall  not  commence  such  action,  but 
shall  credit  the  same  to  the  state  on  his  books  and  report  the 
amount  of  such  account  to  the  board  of  county  commissioners 
of  his  county,  which  board  shall  levy  a  sufficient  tax  to  pay  the 
same  to  the  state  and  cause  the  same  to  be  paid  into  the  state 
treasury. 

Sec.  963.  TRANSPORTATION  OF  INDIGENT  PERSONS, 
HOW  PAID. — The  board  of  county  commissioners  shall  order 


STATE  OF  NORTH  DAKOTA.  121 

to  'be  paid  the  expenses  of  transportation  to  and  from  such  insti- 
tution of  any  indigent  deaf  and  dumb  children  entitled  to  ad- 
mission thereto,  and  they  shall  at  the  time  of  levying  other  taxes, 
levy  a  tax  sufficient  to  reimburse  the  county  therefor.  In  order 
to  avoid  long  delay  in  transporting  indigent  children  to  and  from 
the  institution,  the  principal  may,  upon  correspondence  with  the 
auditor  of  such  county,  pay  such  transportation  and  forward  to 
such  county  auditor  an  itemized  statement  of  the  expenses.  The 
board  of  county  commissioners  shall  order  the  county  treasurer 
to  draw  his  warrants  for  such  amount  in  favor  of  the  principal 
of  the  institution,who  shall  account  for  such  money  as  provided 
by  law. 

Sec.  904.  FACULTY.  DUTIES  OF  PRINCIPAL.— The  officers 
of  the  institution  shall  be  a  principal  and  a  matron.  The  prin- 
cipal shall  be  a  capable  person,  skilled  in  the  sign  language  and 
all  the  methods  in  use  in  educating  the  deaf,  and  shall  have 
knowledge  of  the  wants  and  requirements  of  the  deaf  in  their 
proper  training  and  instruction.  The  principal  and  matron  must 
reside  at  the  institution.  The  principal  shall  receive  a  salary 
of  not  less  than  fifteen  hundred  dollars  per  annum.  The  princi- 
pal shall  annually  make  to  the  board  of  trustees  a  written  report 
stating  in  full  the  true  condition  of  the  educational,  the  domestic 
and  the  industrial  departments  of  the  institution  and  his  action 
and  proceedings  therein,  which  report  shall  be  embraced  in  the 
report  of  the  trustees  to  the  governor.  He  shall  keep  and  have 
charge  of  all  necessary  records  and  registers  of  each  depart- 
ment and  have  the  supervision  of  teachers,  pupils  and  servants 
and  perform  such  other  duties  as  the  board  may  require.  He 
may  recommend  and  with  the  approval  of  the  board  employ  all 
assistants  needed  therein.  He  shall  have  special  charge  of  the 
male  pupils,  out  of  school  hours,  and  shall  furnish  them  with 
employment  about  the  premises  or  in  some  trade  to  which  they 
are  adapted  when  such  trades  have  been  organized  and  estab- 
lished at  the  institution  by  the  trustees  and  provision  for  their 
maintenance  made  by  the  legislative  assembly.  The  proceeds 
and  products  arising  from  the  labor  and  employment  of  the 
pupils  shall  inure  to  the  use  and  benefit  of  the  institution. 

Sec.  965.  DITTY  OF  MATRON.— The  matron  of  the  school 
shall  have  control  of  the  internal  arrangement  and  management 
of  the  institution  and  of  the  female  pupils,  out  of  school  hours. 
She  shall  instruct  the  female  pupils  in  the  domestic  arts  or  in 
some  trade  to  which  they  are  adapted,  under  the  direction  of 
the  principal. 

Sec.  966.  BOARD  TO  MAKE  BIENNIAL  REPORTS.— The 
board  of  trustees  shall  on  or  before  the  fifteenth  day  of  Novem- 


122  GENERAL  SCHOOL  LAWS, 

ber  preceding  each  regular  session  of  the  legislative  assembly 
make  a  full  and  complete  report  to  the  governor,  showing : 

1.  A  statement  of  the  financial  condition  of  the  institution 
from  the  date  of  the  last  report,  giving  in  detail  the  amount  of 
moneys  received  from  all  sources  and  the  amount  expended. 

2.  The  value  of  real  estate  and  buildings  at  the  date  of  the 
last  report  and  the  cost  of  improvements  made,  if  any,  since  such 
report. 

3.  The  number  of  pupils  in  attendance,  their  names,  ages,  resi- 
dences, and  cause  of  deafness;  also  the  number  that  have  entered 
the  institution,  and  the  number  of  those  who  have  left  since  the 
last  report. 

4.  The  numiber  and  cause  of  deaths,  if  any,  which  have  oc- 
curred in  the  institution  since  the  last  report. 

5.  The  improvement,  health  and  discipline  of  the  pupils. 

G.     The  names  of  the  officers,  teachers  and  servants  employed. 

7.  All  other  needful  information  touching  such  matters  as. 
may  be  deemed  of  interest. 

8.  Such  recommendations  as  may  be  deemed  needful. 

Sec.  96Gb.  DISPOSITION  OF  MONEY  RECEIVED.— All 
money  that  shall  arise  from  the  interest  received  on  all  moneys 
derived  from  the  sale  of  lands  hereinbefore  or  that  may  hereafter 
be  appropriated  for  said  deaf  and  dumb  asylum,  including  all 
money  that  may  be  received  from  the  renting  of  said  land  and  all 
moneys  that  may  he  hereafter  appropriated  for  said  deaf  and 
dumb  asylum,  by  the  state  of  North  Dakota,  including  all  money 
raised  in  any  other  manner  or  donated  to  said  asylum,  shall  be 
deposited  with  the  state  treasurer,  to  be  kept  by  him  in  a  separate 
fund,  which  shall  be  known  as  the  deaf  and  dumb  asylum  fund, 
and  be  used  exclusively  for  the  benefit  of  said  deaf  and  dumlb 
asylum  as  may  be  herein  or  hereafter  provided. 

Sec.  966c.  BOOKS  OPEN  TO  INSPECTION.— Every  duty  and 
contract  to  be  performed  by  said  trustees  must  receive  the  ap- 
proval of  the  majority  of  the  board  in  regular  session  duly  called. 
in  order  to  make  binding  and  valid.  All  (proceedings  of  said 
board  shall  'be  fecoTded  in  a  book  kept  for  that  purpose,  and  open 
to  the  inspection  of  anybody  on  request. 

Sec.  966d.  ITEMIZED  VOUCHERS.— All  moneys  that  may 
come  into  the  treasury  of  the  state  of  North  Dakota,  and  credited 
to  the  deaf  and  dumb  asylum,  shall  be  paid  out  to  the  persons  en- 
titled thereto,  and  the  state  auditor  is  hereby  directed  to  draw  his 
warrant  on  the  funds  in  the  hands  of  the  state  treasurer  belonging 


STATE  OF  NORTH  DAKOTA. 


to  said  deaf  and  dumb  asylum,  upon  the  written  order  of  the  said 
board  of  trustees,  which  order  shall  be  accompanied  by  itemized 
vouchers  for  the  full  amount  of  such  order;  provided,  no  such 
order  shall  be  issued  until  there  is  cash  in  the  treasury  writh 
which  to  pay  the  same. 

Sec.  9G6e.  NO  COMPENSATION.—  The  trustees  shall  receive 
no  compensation  for  performing  the  duties  herein  prescribed. 

ARTICLE  6.  —  BLIND  ASYLUM. 

Sec.  967.  LOCATION  AND  GOVERNMENT.—  There  is  here- 
by established  and  located  at  Bathgate  in  Pembina  county,  a 
blind  asylum,  wrhich  shall  be  known  by  the  name  of  the  North 
Dakota  Blind  Asylum.  The  government  and  management  of 
said  asylum  is  hereby  vested  in  a  board  of  trustees  consisting  of 
five  members,  which  shall  be  styled  the  Board  of  Trustees  of  the 
North  Dakota  Blind  Asylum. 

Sec.  968.  TRUSTEES,  HOW  APPOINTED.  LENGTH  OP 
TERM.  —  The  members  of  the  board  shall  be  nominated  by  the 
governor,  and,  by  and  with  the  advice  and  consent  of  the  senate, 
shall  be  appointed  on  or  before  the  third  Monday  of  February  of 
each  biennial  session  of  the  legislative  assembly,  for  a  period  of 
four  years  from  said  date  ;  provided,  however,  that  the  first  board 
of  trustees  shall  be  appointed  by  the  governor  at  once  upon  the 
taking  effect  of  this  article;  provided,  further,  that  the  terms  of 
the  first  board  shall  be,  three  members  for  the  period  of  four 
years,  and  two  members  for  the  period  of  two  years,  the  length 
of  the  term  of  the  respective  trustees  to  be  designated  by  the 
governor  in  making  the  appointments.  Such  appointments  shall 
be  made  by  and  wTith  the  advice  and  consent  of  the  senate,  when 
the  legislative  assembly  is  in  session  ;  otherwise,  the  trustees  ap- 
pointed shall  qualify  and  hold  office  until  their  successors  are 
appointed  and  qualified.  The  governor  shall  have  power  to  fill 
all  vacancies  which  may  occur  in  said  board  when  the  legislative 
assembly  is  not  in  session,  and  the  members  of  said  board  shall 
hold  their  office  until  their  successors  are  appointed  and  qualified 
as  provided  herein. 

Sec.  969.  ORGANIZATION  OF  BOARD.  QUORUM.—  The 
governor  shall  cause  to  be  issued  to  each  of  said  trustees  a  com- 
mission, which  shall  be  under  the  great  seal  of  the  state.  At 
the  first  meeting  of  said  board  the  members  thereof  shall  take 
and  subscribe  the  oath  of  office  required  of  all  civil  officers  and 
shall  then  proceed  to  elect  a  president,  secretary  and  treasurer, 
but  the  treasurer  need  not  'be  a  member  of  the  board.  A  major- 
ity of  the  trustees  shall  constitute  a  quorum  for  the  transaction 


124  GENERAL  SCHOOL  LAWS, 


of -business.  The  board  shall  require  a  bond  of  its  treasurer  and 
fix  the  amount  thereof. 

Sec.  970.  MEETINGS  OF  BOARD.  COMPENSATION.— The 
board  shall  hold  its  meetings  at  Bathgate  and  fix  the  time  of 
holding  the  same;  provided,  there  shall  not  be  to  exceed  twelve 
regular  meetings  in  each  year.  The  members  of  the  board  shall 
receive  as  compensation  for  their  services  three  dollars  per  day 
for  each  day  employed,  not  to  exceed  twenty-four  days  in  any 
one  year,  and  five  cents  per  mile  for  each  mile  actually  and  neces- 
sarily traveled  in  attending  the  meetings  of  the  board,  which  sum 
shall  be  paid  out  of  the  state  treasury  on  the  vouchers  of  said 
board;  provided,  that  until  such  time  as  the  legislative  assembly 
shall  make  an  appropriation  for  the  construction  and  mainte- 
nance of  such  asylum,  or  until  there  shall  be  derived  from  the 
interest  on  the  proceeds  of  sales  of  or  rents  derived  from  the 
thirty  thousand  acres  appropriated  for  this  asylum,  'Sufficient 
funds  to  construct  and  maintain  such  asylum,  the  sum  of  five 
thousand  dollars,  the  trustees  appointed  under  this  article  shall 
receive  no  compensation  whatever,  nor  shall  they  issue  their  war- 
rant upon  the  state  treasury  for  any  purpose  whatever. 

Sec.  971.  PROCEEDS  FROM  LAND  GRANT.— The  thirty 
thousand  acres  of  land  donated  by  congress  for  the  purpose  of 
such  blind  asylum  and  appropriated  by  the  constitution  of  this 
state  therefor,  and  all  moneys  received  from  the  interest  and 
income  derived  from  the  sales  of  such  lands  or  rents  derived  from 
the  leasing  of  such  lands,  are  hereby  appropriated  for  the  con- 
struction and  maintenance  of  said  asylum. 

Sec.  972.      BY-LAWS  AND  RULES  OF  REGULATION.— The 

board  shall  direct  the  disposition  of  all  moneys  appropriated  by 
the  legislative  assembly  or  the  interest  on  all  moneys  that  may 
~be  derived  from  the  >sale,  or  the  rent  derived  from  the  leasing  of 
land  donated  by  congress  to  this  state  and  by  the  constitution  of 
the  state  appropriated  for  such  asylum,  and  shall  have  super- 
vision and  charge  of  the  construction  of  all  buildings  provided 
for  or  authorized  by  law  for  said  asylum.  Said  board  shall  have 
power  to  enact  by-laws  and 'rules  for  the  regulation  of  all  its  con- 
cerns not  inconsistent  with  the  laws  of  this  state,  to  see  that  its 
affairs  are  conducted  in  accordance  with  the  requirements  of  law; 
to  provide  employment  and  instruction  for  the  inmates;  to  ap- 
point a  superintendent,  a  steward,  a  matron,  a  teacher  or  teach- 
ers, and  such  other  officers  as  in  its  judgment  the  wants  of  the 
institution  may  require,  and  prescribe  their  duties ;  to  exercise  a 
general  supervision  over  the  institution,  its  officers  and  inmates, 
nx  the  'salaries  to  be  paid  to  the  officers  and  to  order  their  re- 
moval, upon  good  cause. 


STATE  OF  NORTH  DAKOTA.  125 

Sec.  973.  REPORTS,  WHEN  MADE.— The  board  shall  make 
a  report  to  the  governor  on  or  before  the  last  Monday  in  Decem- 
ber next  preceding  each  biennial  session  of  the  legislative  assem- 
bly containing  a  financial  statement  showing  the  condition  of  all 
funds  appropriated  for  the  asylum;  also  the  money  expended 
and  the  purpose  for  which  the  same  was  expended  in  detail;  also 
showing  the  condition  of  the  institution  generally. 

Sec.  973a.  INSTRUCTION  OF  BLIND  CHILDREN.-— Until 
otherwise  provided  the  governor  is  hereby  authorized  to  contract 
with  the  state  of  South  Dakota,  or  with  the  state  of  Minnesota, 
for  the  care  and  instruction  of  blind  children  of  school  age,  and 
shall  authorize  the  state  auditor  to  issue  warrants  upon  the  state 
treasury  for  that  purpose. 

ARTICLE  7. — INDUSTRIAL  SCHOOL. 

Sec.  974.  LOCATION  OF  SCHOOL.— The  industrial  school  as 
established  and  located  at  the  city  of  Ellendale,  Dickey  county, 
North  Dakota,  shall  continue  to  be  an  industrial  school  and  a 
school  for  manual  training,  the  object  of  such  industrial  school 
to  be  instruction  in  the  comprehensive  way  in  wood  and  iron- 
work and  the  various  other  branches  of  manual  training,  cooking, 
sewring,  modeling,  art  work  and  the  various  other  branches  of 
domestic  economy  as  a  co-ordinate  branch  of  education  together 
with  mathematics,  drawing  and  other  necessary  common  school 
studies. 

Sec.  975.  ENDOWMENT.— All  proceeds  accumulating  in  the 
interest  and  income  fund  arising  from  the  sale  or  leasing  of  all 
lands  granted  or  hereafter  to  be  granted  by  the  state  of  North 
Dakota  or  by  the  constitution  of  the  state  of  North  Dakota  for 
the  said  industrial  school,  are  hereby  pledged  for  the  establish- 
ment and  maintenance  of  said  industrial  school. 

Sec.  976.  MANAGEMENT.— The  management  and  govern- 
ment of  such  school  shall  be  vested  in  a  board  of  trustees,  con- 
sisting of  five  members,  two  of  whom  shall  be  residents  of  Dickey 
county,  to  be  known  as  the  board  of  trustees  of  the  industrial 
school,  and  to  be  appointed  as  provided  in  this  section.  The 
members  of  the  board  shall  be  nominated  'by  the  governor  and  by 
and  with  the  consent  of  the  senate,  shall  'be  appointed  on  or  be- 
fore the  third  Monday  in  February  of  each  biennial  session  of  the 
legislative  assembly,  for  a  period  of  four  years  from  said  diate~ 
provided,  however,  that  the  first  board  of  trustees  shall  be  ap- 
pointed by  the  governor  at  once  upon  the  taking  effect  of  this 
article,  and  provided,  further,  that  the  term  of  the  first  board 
shall  ibe,  three  .members  for  a  period  of  four  years  and  two  mem- 


126  GENERAL  SCHOOL  LAWS, 

bers  for  a  period  of  two  years,  the  length  of  the  term  of  the 
respective  trustees  to  ibe  designated  by  the  governor  in  making 
the  appointments.  Such  appointments  shall  be  made  by  and 
with  the  consent  of  the  senate,  when  the  legislative  assembly  is 
in  session,  otherwise  the  trustees  aippointed  shall  qualify  and  hold 
office  until  their  successors  are  appointed  and  qualified.  The 
governor  shall  have  power  to  fill  all  vacancies  which  may  occur 
in  said  board  when  the  legislative  assembly  is  not  in  session. 
and  the  members  of  said  board  shall  hold  their  office  until  their 
successors  are  appointed  and  qualified  as  provided  herein. 

Sec.  977.  MEETINGS  OF  BOARD.  COMPENSATION.— The 
board  'shall  hold  its  meetings  at  the  city  of  Ellendale,  in  Dickey 
county,  and  fix  the  time  for  holding  the  same.  They  shall  not 
liold  to  exceed  six  regular  meetings  each  year ;  provided,  that  the 
president  of  the  board  shall  have  power  to  call  special  meetings, 
whenever  in  his  judgment  it  becomes  necessary.  At  their  first 
meeting  they  shall  proceed  to  elect  a  president  and  a  secretary, 
but  the  secretary  need  not  be  a  member  of  the  board  oif  trustees. 
.and  at  said  meeting  they  shall  adopt  a  seal  for  said  state  indus- 
trial school.  A  majority  of  the  board  shall  be  a  quorum.  .  Each 
trustee  and  the  secretary  shall  receive  three  dollars  per  day  for 
each  day  necessarily  employed  in  attendance  upon  sessions  of  the 
board,  and  five  cents  per  mile  for  each  mile  necessarily  traveled, 
to  be  paid  on  presentation  o.f  proper  vouchers  containing  an  item- 
ized statement  of  the  number  of  days  in  attendance  and  miles  ac- 
tually traveled  as  above  provided,  duly  verified  by  his  oath  and 
approved  by  the  president  and  secretary  of  the  board,  and  the 
state  auditor  shall  audit  <such  claims  and  draw  his  warrants  upon 
the  state  treasurer  for  the  amounts  so  allowed. 

Sec.  978.  OATH.  BOND.  PLANS  AND  SPECIFICA- 
TIONS.— Before  entering  upon  the  duties  of  his  office  each  mem- 
ber of  said  board  of  trustees  shall  take  and  subscribe  an  oath  as 
follows:  "I  do  solemnly  swear  that  I  will  support  the  constitu- 
tion of  the  United  States  and  the  constitution  of  the  state  of 
North  Dakota  and  will  faithfully  discharge  the  duties  of  board  of 
trustees  of  the  state  industrial  school  according  to  the  best  of  my 
ability;  that  I  have  not  received  and  will  not  knowingly  and  in- 
tentionally, directly  or  indirectly,  receive  any  money  or  other  con- 
sideration from  any  source  whatever  for  any  v6te  or  influence  I 
may  give  or  withhold  or  for  any  other  official  act  I  may  perform 
as  such  trustee,  except  as  herein  provided."  He  shall  also  exe- 
cute a  bond  in  the  penal  sum  of  three  thousand  dollars,  for  the 
use  and  benefit  of  the  state  of  North  Dakota,  with  two  or  more 
good  and  sufficient  sureties  to  be  approved  by  the  governor,  and 
be  filed  with  the  secretary  of  state,  conditioned  upon  the  faithful 
performance  of  his  duties  and  the  honest  and  faithful  disburse^ 


STATE  OF  NORTH  DAKOTA.  127 

ment  of  and  Recounting  for  all  moneys  which  may  come  into  his 
hands  under  the  provisions  of  this  article.  The  members  of 
said  board  having  taken  the  foregoing  oath  and  executed  the 
bond  as  aforesaid  are  hereby  empowered  and  required  to  cause 
to  be  prepared  suitable  plans  and  specifications  by  a  competent 
architect.  Such  plans  shall  contemplate  the  erection  of  a  build- 
ing or  buildingr  which  will  accommodate  not  less  than  one  hun- 
dred nor  more  than  five  hundred  students,  and  shall  'be  accompan- 
ied <by  specifications  and  by  a  detailed  estimate  of  the  amount 
required  and  description  of  all  material  and  labor  required  for 
the  erection  and  full  completion  of  the  building  or  buildings;  and 
no  plan  shall  toe  adopted  that  contemplates  the  expenditure  of 
more  money  for  its  completion  than  the  amount  reasonably  neces- 
sary to  carry  out  the  object  of  said  institution. 

DSec.  979.  SUPERINTENDENT  OF  CONSTRUCTION.  PRO- 
POSALS FOR  BUILDING.— The  said  board  of  trustees  shall  em- 
ploy the  architect  whose  plans  and  specifications  are  accepted  to 
act  as  superintendent  of  construction,  who  shall  receive  for  such 
plans  and  specifications  and  for  superintending  construction  such 
pay  as  the  'board  by  agreement  shall  determine;  which  pay 
shall  not  exceed  an  amount  equal  to  five  per  cent  of  the  estimated 
cost  of  said  building.  Whenever  the  said  plans  and  specifica- 
tions shall  have  been  approved  and  adopted  by  a  majority  of  the 
board  of  trustees  they  shall  cause  to  be  inserted  in  at  least  twro 
of  the  daily  newspapers  published  in  the  state  of  North  Dakota, 
and  having  a  general  circulation  therein  an  advertisement  for 
sealed  bids  for  the  construction  of  the  buildings  herein  author- 
ized, and  they  shall  furnish  a  printed  copy  of  this  article,  and  a 
copy  of  the  plans  and  specifications  to  any  person  or  persons 
applying  therefor;  provided,  said  trustees  may  advertise  as  afore- 
said wrhenever  there  shall  be  a  sufficient  amount  of  money  to  the 
credit  of  said  industrial  school  with  which  to  construct  all  or 
any  part  thereof  deemed  expedient  by  said  trustees  to  erect  or 
construct;  provided,  further,  that  said  building  or  buildings  shall 
be  erected  on  the  piece  or  parcel  of  land  at  or  near  the  city  o<f 
Ellendale,  in  Dickey  county,  donated  by  the  citizens  of  said  city, 
and  now  held  in  fee  simple  by  the  state  of  North  Dakota.  No 
trustees  or  officers  of  saad  industrial  school  shall  be  in  any  way 
interested  in  any  contract  for  the  erection  of  said  building  or 
buildings  or  furnishing  any  material  for  said  buildings,  and  if  any 
such  officer  be  so  interested  he  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  be  fined.  In  any  sum  not  exceeding  five 
thousand  dollars. 

Sec.  980.  BONDS.  INTEREST.— To  provide  for  the  erection 
and  maintenance  of  said  state  industrial  school  the  said  board 
•of  trustees  mav  issue  bonds  for  such  sum  or  sums  of  monev  as 


128  GENERAL  SCHOOL  LAWS, 

can  be  actually  used  in  the  construction  of  permanent  buildings 
and  other  needed  and  necessary  improvements  to  be  made  for  the 
maintenance  of  said  state  industrial  school  not  exceeding  the  sum 
of  fifteen  thousand  dollars;  said  bonds  shall  be  in  denominations 
of  one  thousand  dollars  each,  and  be  made  payable  to  the  pur- 
chaser or  (bearer,  ibe  payable  in  not  less  than  ten  years  or  more 
than  thirty  years  from  the  date  of  their  issue  and  bear  interest  at 
a  rate  not  exceeding  five  per  cent  per  annum,  payable  semi-annu- 
ally  on  the  first  of  January  and  July  of  each  year,  with  coupons 
attached  for  each  interest  payment,  and  they  may  be  made  pay- 
able anywhere  in  the  United  States.  Such  bonds  shall  be  exe- 
cuted under  the  seal  of  the  board  of  trustees  of  the  state  indus- 
trial school,  'Shall  be  attested  by  the*  president  and  secretary  of 
said  board,  and  when  executed  shall  ibe  delivered  to  the  state 
treasurer.  The  treasurer  shall  receive  sealed  proposals  for  the 
purchase  of  the  same  and  shall  give  puiblic  notice  of  the  sale  for 
at  least  thirty  days  preceding  such  sale  in  two  or  more  news- 
papers of  general  circulation,  one  oif  which  shall  be  published  in 
the  city  of  New  York,  giving  date  of  such  sale,  and  such  bonds 
shall  be  sold  to  the  highest  bidder  for  cash.  Said  bonds  and  inter- 
est shall  be  paid  from  the  interest  and  income  fund  belonging  to 
the  state  industrial  school,  to  be  accumulated  from  the  sale  of 
lands  hereinbefore  appropriated,  or  from  the  rental  o<f  such  lands ; 
provided,  that  if  at  any  time  there  shall  not  be  sufficient  money  in 
such  fund  to  pay  such  interest,  there  is  hereby  appropriated  out 
of  the  state  treasury  from  funds  not  otherwise  appropriated,  a 
sum  sufficient  to  meet  the  deficiency  for  the  payment  of  such- 
interest  ;  provided,  further,  that  a  sufficient  amount  of  the  funds 
accumulating  in  the  interest  and  income  fund  of  the  state  indus- 
trial school  shall  be  used  and  applied  solely  for  the  payment  of 
the  interest  on  such  bonds,  and  for  the  creation  of  a  sinking  fund 
with  which  to  pay  such  bonds  at  maturity. 

Sec.  981.  TREASURER  TO  KEEP  FUNDS.  ACCOUNTS, 
HOW  AUDITED. — All  moneys  that  may  accrue  from  the  interest 
and  income  derived  from  the  renting  and  sale  of  lands  herein- 
before appropriated  and  all  moneys  that  may  hereafter  be  appro- 
priated by  the  legislative  assembly  of  North  Dakota  including  all 
moneys  raised  in  any  other  manner  for  said  school,  shall  be  de- 
posited with  the  state  treasurer,  to  be  by  him  kept  in  a  separate 
fund,  which  shall  be  known  as  the  state  industrial  school  fund; 
and  such  funds  shall  be  used  exclusively  for  the  benefit  of  said 
school,  as  may  ibe  herein  or  hereinafter  provided.  The  board  of 
trustees  of  the  state  industrial  school  shall  audit  all  accounts 
against  the  funds  appropriated  by  the  legislative  assembly  of 
the  state  of  North  Dakota,  or  held  by  the  state  for  the  use  of 
the  state  industrial  school,  and  the  state  auditor  shajl  issue  his 


STATE  OF  NORTH  DAKOTA.  129 

warrant  upon  the  state  treasurer  for  the  amount  of  all  accounts 
which  have  been  so  audited  and  allowed  by  the  board  of  trustees 
and  attested  by  the  president  and  secretary  of  said  board.  The 
board  of  trustees  of  the  state  industrial  school  shall  direct  the 
disposition  of  all  moneys  appropriated,  or  that  may  hereafter  be 
appropriated  by  the  legislative  assembly  of  the  state  of  North 
Dakota,  or  may  hereafter  accumulate  in  any  manner  in  the  state 
industrial  school  fund.  The  board  shall  have  the  power  to 
receive  all  donations,  gifts  and  bequests  that  may  be  offered  or 
tendered  to  or  for  the  benefit  of  such  school,  and  dispose  of  the 
same.  All  moneys  coming  into  the  hands  of  such  Aboard  shall  be 
immediately  covered  into  the  state  treasury  to  the  credit  of  the 
state  industrial  school  fund. 

(Sec.  982.  FACULTY.— The  board  of  trustees  shall  have  power 
to  employ  a  president  and  necessary  teachers,  instructors  and 
assistants  to  conduct  such  school,  and  to  prescribe  their  respect- 
ive duties  and  to  fix  the  salaries  of  such  employees.  They  shall 
have  power  to  remove  the  president,  instructors  and  assistants 
and  to  fill  all  vacancies.  The  faculty  shall  consist  of  the  presi- 
dent, teachers  and  instructors,  and  it  shall  pass  all  needful  rules 
and  regulations  for  the  government  and  discipline  of  the  school 
and  all  such  rules  and  regulations  as  are  necessary  for  the  pres- 
ervation of  morals,  decorum  and  health. 

Sec.  983.  REPORTS.— The  faculty  shall  make  an  annual  report 
to  the  board  of  trustees  on  or  before  the  first  Monday  of  Novem- 
ber  of  each  year,  showing  the  condition  of  the  school  and  contain- 
ing such  recommendations  as  the  welfare  of  the  institution  shall 
demand.  The  board  of  trustees  shall  make  a  report  to  the  gov- 
ernor on  or  before  the  fifteenth  day  of  November  next  preceding 
each  biennial  'Session  of  the  legislative  assembly,  containing  the 
several  reports  of  the  faculty  herein  provided  for,  and  showing 
the  condition  of  the  funds  appropriated  for  the  school,  the  money 
expended  and  the  purpose  for  which  the  same  was  expended  in 
detail,  and  showing  the  number  of  students  in  attendance,  the 
work  accomplished  by  them,  and  the  condition  of  the  school  in 
general. 

STATE   REFOEM   SCHOOL. 
(Chapter  173  Laws  1901.) 

Section  1.  STATE  REFORM  SCHOOL.  ERECTION  OF 
BUILDING-S. — To  provide  for  the  erection  of  necessary 
'buildings,  their  proper  equipment,  and  for  the  establishment 
of  the  state  reform  school  at  Mandan,  North  Dakota,  the 
board  of  trustees  of  the  said  state  reform  school  ma  y  issue 
ibonds  for  such  sum  or  sums  of  money  as  can  be  actually  used 


130  GENERAL  SCHOOL  LAWS, 

in  the  construction  of  permanent  buildings  and  necessary 
furnishing  and  other  necessary  improvements,  to  be  made  for 
the  establishment  and  maintenance  of  said  state  reform 
school,  not  exceeding  the  sum  of  $20,000;  said  bonds  shall  be 
in  denominations  of  f  1,000  each,  and  shall  bear  interest  at  a 
rate  not  exceeding  six  per  centum  per  annum,  and  shall  be 
payable  in  twenty  years  from  the  date  of  issue,  from  the 
interest  and  income  fund  accumulating  from  the  sale,  rental, 
or  lease  of  lands  donated  to  the  said  state  reform  school  by 
section  17  of  the  Enabling  Act  for  the  admission  of  North 
Dakota,  South  Dakota,  Montana  and  Washington,  approved 
February  22,  1889,  and  confirmed  by  article  XIX,  section  215, 
of  the  constitution  of  North  Dakota,  or  from  the  rental  or 
lease  of  said  lands.  The  interest  on  such  bonds  shall  be  paid 
annually  on  the  first  day  of  January  of  each  year,  and  shall 
'be  payable  from  the  interest  and  income  accumulating  from 
the  sale,,  rental  or  lease  of  lands  apportioned  to  the  institu- 
tions ;  provided,  if  at  any  time  there  shall  not  be  suffi- 
cient money  to  pay  such  interest,  there  is  hereby  appropriated 
out  of  the  state  treasury,  out  of  funds  not  otherwise  appro- 
priated, a  sum  sufficient  to  meet  such  interest;  provided, 
further,  that  a  sufficient  amount  of  funds  accumulating  in 
,  the  interest  and  income  fund  for  sale  or  rental  of  land  or 
lands  appropriated  to  the  state  reform  school,  shall  be  used 
and  applied  solely  for  the  payment  of  interest  on  such  bonds 
and  for  the  creation  of  a  sinking  fund  with  which  to  pay  such 
bonds  at  (maturity. 

Sec.  2.  MONEYS.  TO  BE  DEPOSITED  WITH  STATE 
TREASURER. — All  moneys  that  may  arise  or  be  derived 
ifrom.  the  sale,  rental  or  lease  of  lands  appropriated  to  the 
state  reform  school  shall  be  deposited  writh  the  state  treas- 
urer, to  be  used  exclusively  for  the  benefit  of  said  state  re- 
form school. 

MAINTENANCE   OF   STATE   EDUCATIONAL    INSTITUTIONS. 
(Chapter  156,  Laws  of  1901.) 

Section  1.  STATE  SCHOOLS.  TO  PROVIDE  FOR 
MAINTENANCE  OF.— For  the  purpose  of  providing  for  the 
maintenance  of  the  state  university  and  school  of  mines  at 
Grand  Forks,  the  agricultural  college  at  Fargo,  the  state 
normal  school  at  Valley  City,  the  state  normal  school  at  May- 
ville  and  the  deaf  and  dumib  asylum  at  Devils  Lake,  and  the 
school  of  forestry,  as  a  part  of  the  public  school  system  of 
this  state,  there  is  hereby  levied  upon  all  taxable  proprety 
in  the  state,  real  and  personal,  an  annual  tax  of  one  mill  on 


STATE  OF  NORTH  DAKOTA. 


each  dollar  of  the  assessed  valuation  of  such  property  in  each 
and  every  year    hereafter. 

Sec.  2.  COUNTY  AUDITOR  SHALL  CALCULATE 
AMOUNT  OF  LEVY. — The  county  auditor  of  each  county 
shall,  at  the  time  of  making  the  annual  tax  list  in  his  co-unty, 
calculate  the  amount  of  the  levy  hereinbefore  provided  for 
upon  each  and  every  item  of  property  assessed  in  his  county, 
as  it  appears  upon  the  last  assessment  roll,  and  extend  the 
same  upon  such  tax  list  in  a  column  to  be  provided  for  that 
purpose,  and  such  tax  shall  thereupon  be  collected  and  paid 
over  to  the  state  treasurer  the  same  as  other  state  taxes. 

Sec.  3.  TAXES.  HOW  APPORTIONED.— Such  taxes 
so  levied  shall  be  apportioned  by  the  state  treasurer  to  the 
several  institutions  herein  mentioned  as  follows.  Forty- 
hundredths  of  a  mill  to  the  state  university  and  school  of 
mines  at  Grand  Forks;  twenty-hundredths  of  a  mill  to  the 
agricultural  college  at  Fargo;  twelve-hundredth®  of  a  mill 
to  the  state  normal  school  at  A^alley  City;  twelve-  hun- 
dredths  of  a  mill  to  the  state  normal  school  at  Mayvillej 
thirteen-hundredths  of  a  mill  to  the  deaf  and  dumb  asylum 
at  Devils  Lake;  three-hundredths  of  a  mill  to  the  school  of 
forestry  at  Bottineau. 

Sec.  4.  MONEYSi  HOW  APPROPRIATED.— The 
moneys  arising  from  the  taxes  hereinbefore  levied  are  hereby 
appropriated  for  the  maintenance  of  the  state  university 
and  school  of  mines  at  Grand  Forks,  the  agricultural  college 
at  Rargo,  the  state  normal  school  at  Valley  City,  the  state 
normal  school  at  at  Mayville,  the  deaf  and  dumb  asylum  at 
Devils  Lake,  and  the  school  of  forestry  at  Bottineau,  the 
same  to  be  paid  monthly  to  the  board  of  trustees  of  the  sev- 
eral institutions  herein  mentioned,  and  in  proportion  as 
herein  provided,  upon  vouchers  of  said  board,  signed  by 
their  respective  presidents,  and  to  be  expended  by  the  sev- 
eral boards,  in  their  discretion,  in  the  establishment  and 
maintenance  of  said  institutions  hereinbefore  mentioned. 

IMPROVEMENTS   FOR   AGRICULTURAL   COLLEGE,   FARGO. 

(Chapter  127,   Laws  of  1901.) 

Section  1.  NORTH  DAKOTA  AGRICULTLRAL  COL- 
LEGE. ADDITIONAL  BUILDINGS  AND  IMPROVE- 
MENTS.— To  provide  for  the  erection  and  equipment  of 
necessary  additional  buildings,  for  a  system  of  sewerage  and 
for  other  necessary  improvements  for  the  North  Dakota  ag- 
ricultural college  at  Fargo,  the  board  of  trustees  of  said  ag- 


132  GENERAL  SCHOOL  LAWS, 

ricultural  college  may  issue  bonds  for  such  sum  or  sums  of 
money  as  can  actually  be  used  in  the  construction  and  equip- 
ment of  'such  necessary  additional  buildings,  system  of 
sewerage  and  other  necessary  improvements,  not  exceeding 
the  sum  of  fifty  thousand  dollars;  said  bonds  shall  be  in  de- 
nominations of  one  thousand  dollars  each,  shall  bear  inter- 
est at  a  rate  not  exceeding  five  per  cent  per  annum,  and  shall 
toe  payable  in  twenty  years  from  the  date  of  issue,  from  the 
interest  and  income  fund  accumulating  from  the  sale,  rental 
or  lease  of  lands  granted  to  the  said  North  Dakota  agricultu- 
ral college.  The  interest  on  such  bonds  shall  be  payable  an- 
nually on  the  first  day  of  January  of  each  year,  and  shall  be 
payable  from  the  interest  and  income  accumulating  from  the 
sale,  rental  or  lease  of  said  lands;  provided,  that  if  at  any 
time  there  shall  not  be  sufficient  money  to  pay  such  interest, 
there  is  hereby  appropriated  out  of  the  state  treasury,  out 
of  funds  not  otherwise  appropriated,  a  sum  sufficient  to  meet 
such  interest;  provided,  further,  that  a  sufficient  amount  of 
funds  accumulating  in  the  interest  and  income  fund  from 
sale  or  rental  of  land  or  lands  granted  to  the  North  Dakota 
agricultural  college  shall  be  used  and  applied  solely  for  the 
payment  of  interest  on  such  bonds  and  for  the  creation  of  a 
sinking  fund  with  which  to  pay  such  bonds  on  maturity. 

Sec.  2.  BONDS,  HOW  EXECUTED.  NOTICE  OF 
SALE. — 'Such  bonds  shall  be  executed  under  the  seal  of  the 
board  of  trustees  of  the  said  North  Dakota  agricultural 
college,  shall  be  attested  by  the  president  and  secretary  of 
said  board  of  trustees  and  when  executed  the  said  board  of 
trustees  shall  receive  sealed  proposals  for  the  purchase  of 
the  same  and  shall  give  public  notice  of  such  sale  for  at 
least  thirty  days  preceding  such  sale  in  two  o<r  more  news- 
papers in  general  circulation,  giving  date  of  such  sale,  and 
such  'bonds  shall  be  sold  to  the  highest  'bidder  for  cash  and 
the  proceeds  thereof  delivered  to  the  treasurer  of  the  North 
Dakota  agricultural  college  to  be  used  exclusively  in  pursu- 
ance of  the  provisions  of  this  act. 

Sec.  3.  MONEYS.  TO  BE  DEPOSITED  WITH  STATE 
TREASURER. — All  moneys  that  may  arise  or  be  derived 
from  the  sale,  rental  or  lease  of  said  lands  granted  to  the 
North  Dakota  agricultural  college  shall  be  deposited  with 
the  state  treasurer,  to  be  used  in  pursuance  with  the  provis- 
ions of  this  act  for  the  benefit  of  the  North  Dakota  agri 
cultural  college. 


STATE  OF  NORTH  DAKOTA.  133 

STATE   UNIVEKSITY. 
(Chapter  38,  Laws  of  1901.) 

Section  1.  BONDS.  STATE  UNIVERSITY  TO  IS- 
SUE.— To  provide  for  the  necessary  repairs  of  buildings  of 
the  state  university  and  to  pay  the  outstanding  floating 
indebtedness  of  said  institution,  the  board  of  trustees  of 
said  state  university  may,  if  the  majority  of  said  board  so 
decide,  issue  bonds  in  the  sum  not  exceeding  fifty  thousand 
dollars  ($50,000). 

Sec.  2.  BONDS.  DENOMINATION  OF.— Said  bonds 
shall  be  issued  in  denominations  of  one  thousand  dollars 
($1,000)  each  ;  they  shall  be  signed  by  the  president  of  the 
board  of  trustees  and  attested  by  the  secretary  of  said  board 
under  the  seal  of  the  institution,  and  shall  be  payable  twenty 
years  from  date  of  issue. 

Sec.  3.  BONDS.  INTEREST  ON.— Said  bonds  shall 
bear  interest  at  the  rate  of  four  per  cent  (4  per  cent)  per 
annum,  which  interest  shall  be  payable  on  the  first  day  of 
January  each  year  at  the  office  of  the  state  treasurer.  The 
principal  and  interest  of  said  bonds  shall  be  payable  out  of 
the  interest  on  the  funds  accumulated  from  sale  of  lands 
and  income  of  the  lands  donated  and  apportioned  to  said 
state  university  and  the  school  of  mines.  In  the  event  that 
income  from  said  lands  and  interest  on  such  funds  in  any 
one  year  shall  be  insufficient  to  pay  the  interest  due  upon 
said  bonds  for  such  year,  the  balance  of  such  interest  shall 
be  paid  out  of  the  annual  appropriation  for  said  state  uni- 
versity for  such  year. 


CHAPTER  4.— PUBLIC  BOARDS. 

ARTICLE  2. — BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS. 

Sec.  169.  BOARD,  HOW  CONSTITUTED.— The  governor,  sec- 
retary of  state,  state  auditor,  attorney  general  and  superintendent 
of  public  instruction  shall  constitute  the  board  of  university  and 
school  lands.  The  governor  shall  be  president;  the  secretary  of 
state,  vice  president  and  the  superintendent  of  public  instruction 
secretary  thereof.  In  the  absence  of  the  superintendent  of  pub- 
lic instruction  at  any  meeting  of  the  board  the  deputy  superin- 
tendent of  public  instruction  shall  act  as  secretary,  but  shall  not 
be  entitled  to  a  vote.  Such  board,  when  acting  as  such,  must  act 


134  GENERAL  SCHOOL  LAWS, 


personally;  no  member  can  be  represented  on  such  'board  by  any 
assistant  or  clerk. 

Sec.  170.  BOARD,  POWERS  OF.— Subject  to  the  provisions 
of  article  9  of  the  constitution  and  the  provisions  of  this  article, 
such  board  shall  have  the  full  control  of  the  selecting,  appraise- 
ment, rental,  mle,  disposal  and  management  of  all  school  and 
public  lands  of  the  state,  including  the  real  property  donated  to 
the  territory  of  Dakota  under  the  provisions  of  chaipter  104  of  the 
laws  oif  1883,  except  'such  as  has  been  sold,  and  the  investment  of 
the  permanent  funds  derived  from  the  sale  thereof,  or  from  any 
other  source,  and  shall  have  power  to  appoint  a  competent  person 
to  act  as  the  general  agent  of  the  board  in  the  performance  of  all 
its  duties  pertaining  to  the  selection,  sale,  leasing  or  contracting 
in  any  manner  allowed  by  law,  and  the  general  control  and  man- 
agement of  all  mattters  relating  to  the  care  and  disposition  of  the 
public  lands  of  the  state,  all  of  whose  official  acts  shall  be  subject 
to  the  approval  and  supervision  of  the  'board.  The  title  of  such 
agent  shall  be  commissioner  of  university  and  school  lands,  and 
before  entering  upon  his  duties  as  such  he  shall  take  the  oath 
prescribed  for  civil  officers  and  give  a  bond  in  the  penal  sum  of 
ten  thousand  dollars,  with  not  less  than  two  sureties,  to  be  ap- 
proved 'by  the  board,  and  recorded  in  the  office  of  the  secretary  of 
state  and  filed,  when  recorded,  in  the  office  of  the  state  treasurer. 

iSec.  171.  MEETINGS  OF  BOARD.— Such  board  shall  meet  at 
the  office  of  the  commissioner  on  the  last  Thursday  of  each  month, 
at  ten  o'clock  in  the  forenoon.  Special  meetings  of  the  board 
may  be  held  at  any  time  at  the  written  call  of  the  president  or 
any  two  memlbers  of  the  board.  Any  three  members  of  the 
board  shall  constitute  a  quorum. 

Sec.  172.  BOARD  TO  INVEST  SCHOOL  FUNDS.— Such 
board  shall  have  the  power  and  it  is  made  its  duty  from  time  to 
time  to  invest  any  money  belonging  to  the  permanent  funds  of 
the  common  schools,  university,  school  of  mines,  reform  school, 
agricultural  college,  and  deaf  and  dumb  asylum,  normal  schools. 
and  all  other  permanent  funds  derived  from  the  sale  of  public 
lands  or  from  any  other  source,  in  bonds  of  school  corporations 
within  the  state,  bonds  of  the  United  States,  bonds  of  the  state 
of  North  Dakota,  or  in  first  mortgages  on  farm  lands  in  the  state 
not  exceeding  in  amount  one-third  of  the  actual  value  of  any  sub- 
division on  which  the  same  may  be  loaned.  Such  value  to  be 
determined  by  the  county  board  of  appraisal  of  the  respective 
counties  as  provided  for  in  section  183;  provided,  that  at  least 
one-tfourth  o>f  the  whole  amount  of  the  several  permanent  funds 
aforesaid  as  computed  by  the  commissioner  of  university  and 
school  lands  at  the  end  of  each  fiscal  year  shall  be  set  apart  for 


STATE  OF  NORTH  DAKOTA.  135 


investment  in  first  mortgages  on  farm  lands  in  this  state,  and 
only  in  the  manner  following,  towit: 

1.  That  the  said  first  mortgages  and  each  of  them,  shall  run 
for  a  period  of  time  and  not  to  exceed  ten  years  and  that  the 
funds  so  invested  shall  bear  interest  at  the  rate  of  six  per  cent 
per  annum,  said  interest  together  with  ten  per  cent  of  the  whole 
amount  of  the  principal  to  be  paid  in  annual  installments  and  the 
interest  when  paid  shall  be  covered  into  and  become  a  part  of  the 
interest  and  income  fund. 

2.  First  mortgage  loans  shall  only  be  made  upon  cultivated 
lands  within  the  state  and  to  persons  who  are  actual  residents 
thereof.    And  in  no  cases  on  lands  of  which  the  appraised  value 
is  less  than  seven  dollars  and  fifty  cents  per  cent,  and  in  sums  not 
more  than  one  thousand  dollars  to  any  one  person,  firm  or  corpo- 
ration. 

3.  All  or  any  of  said  mortgages  may  be  satisfied  at  any  time 
after  five  years  from  the  date  when  made  on  payment  of  the  full 
amount  due  thereon.      All  proceedings  in  regard  to  investments 
in  first  mortgages  as  provided  in  this  chapter,  shall  conform  to 
and  be  governed  by  the  laws  of  the  state  of  North  Dakota  in  such 
case  made  and  provided.      Said  board  of  university  and  school 
lands  shall  not  purchase  or  approve  the  purchase  of  any  bonds 
or  mortgage's  except  at  a.  legal  session  thereof,  nor  unless  every 
member  of  the  board  is  notified  by  the  secretary  of  said  board  in 
time  to  be  present  at  such  meeting,  and  notified  also  that  the 
question  of  purchasing  or  acting  on  a  proposition  for  the  pur- 
chase of  certain  bonds  or  mortgages  is  to  be  considered  at  the 
meeting,  nor  unless  a  majority  of  all  the  members  vote  in  favor 
of  such  purchase,  and  the  vote  on  the  purchase  of  every  bond  and 
mortgage  shall  be  taken  by  the  yeas  and  nays  and  shall  be  duly 
recorded  in  the  books  of  the  board. 

Sec.  173.  (Amended.)  RECORDS  TO  BE  KEPT  BY  SECRE- 
TARY.— The  secretary  shall  enter  in  a  suitable  book  kept  for 
that  purpose  a  full  and  correct  record  of  all  the  proceedings  of 
said  board  at  each  session  thereof,  which  record  when  approved 
shall  be  signed  by  the  president  or  presiding  officer  of  the  meet- 
ing and  the  secretary. 

Sec.  174.  TREASURER  CUSTODIAN  OF  FUNDS.— All 
moneys  belonging  to  the  permanent  funds  of  the  common  school 
and  other  public  institutions  derived  from  the  sale  of  any  of  the 
public  lands  or  from  any  other  source  shall  be  paid  to  and  held 
by  the  state  treasurer,  and  be  subject  to  the  order  of  such  board, 
.and  shall  be  paid  over  to  order  of  the  board  for  investment  as  pro- 
vided in  section  172  of  this  article,  whenever  the  board  requires 


136  GENERAL  SCHOOL  LAWS, 

the  same  for  such  investment.  The  state  treasurer  shall  also  be 
the  custodian  of  all  bonds,  notes,  mortgages  and  evidences  of 
debt  arising  out  of  the  management  of  the  permanent  funds 
derived  from  the  sale  of  any  of  the  puiblic  lands  of  the  state  or 
from  any  other  source. 

Sec.  175.  (Amended.)  INVESTMENTS.  HOW  UNPAID 
MONEYS  TO  BE  COLLECTED.— It  shall  be  the  duty  of  the  state 
treasurer,  from  time  to  time  as  the  same  become  due,  to  collect 
all  moneys  due  and  owing  on  any  and  all  of  the  securities  held 
'by  him  for  investment  or  for  permanent  funds,  and  from  time  to 
time,  whenever  required  toy  the  board,  to  make  report  of  the 
amount  of  such  collections  to  the  'board  and  a  duplicate  of  ihe 
same  to  the  state  auditor.  If  any  such  moneys  shall  remain  un- 
paid foir  thirty  days  after  the  same  shall  become  due  and  payable, 
he  shall  make  report  in  detail  of  all  such  unpaid  amounts  to  the 
board  who  shall  place  the  matter  in  the  hands  of  the  attorney 
general  for  collection  whenever  they  shall  deem  it  for  the  best 
interests  of  the  state  so  to  do,  whose  duty  it  shall  be  to  proceed 
to  collect  the  same  by  civil  action,  to  be  brought  and  prosecuted 
in  the  name  of  the  state;  provided,  that  mortgage  loans  made 
under  the  provisions  of  this  chapter  may  toe  foreclosed  either  by 
action  or  advertisement,  in  the  same  manner  and  upon  the  same 
notice  as  required  in  other  real  estate  foreclosures.  When  fore- 
closure is  made  by  action  said  action  shall  be  brought  and  prose- 
cuted in  the  name  of  the  state;  provided,  further,  that  the  board 
of  university  and  school  lands  may,  and  it  is  hereby  authorized 
and  empowered  to  assign  any  or  all  o<f  said  mortgages,  whenever 
in  the  judgment  of  said  board  it  will  be  for  the  best  interests  of 
the  state  so  to  do;  provided,  however,  that  said  board  shall  not 
accept  as  a  consideration  for  said  assignment  any  amount  less 
than  the  principal  and  interest  due  upon  said  mortgage  or  mort- 
gages. Such  assignments  when  made  shall  toe  executed  by  the 
governor  and  attested  toy  the  secretary  of  state  with  the  great 
seal  of  the  state  of  North  Dakota  attached. 

Sec.  176.     MANNER  OF  INVESTING  PERMANENT  FUNDS. 

—In  the  investment  of  the  permanent  funds  under  its  control 
such  board  shall  authorize  the  state  auditor  to  draw  nis  varrant 
on  the  state  treasurer,  payable  out  of  the  proper  fund,  for  th^ 
purchase  of  the  bonds  or  mortgages,  which  warrant,  previous  to 
delivery,  shall  be  registered  toy  the  state  treasurer  in  a  book  pro- 
vided for  that  purpose. 

Sec.  177.  INCIDENTAL  EXPENSES  OF  BOARD,  HOW 
PAID. — The  necessary  incidental  expenses  of  the  board  shall  be 
paid  out  of  the  state  treasury,  and  upon  satisfactory  vouchers 
therefor  the  state  auditor  shall  issue  his  warrant  for  the  same. 


STATE   OF  NORTH  DAKOTA.  137 

Sec.  178.  APPROPRIATION  FOR  INTEREST.— There  is  here- 
by annually  appropriated  such  sums  as  shall  be  found  necessary 
for  the  expenses  of  purchase,  and  payment  of  accrued  interest  at 
the  time  of  the  purchase,  of  investment  bonds  or  mortgages  for 
the  permanent  funds  under  the  control  of  said  board,  payable 
from  the  respective  fund  for  which  said  purchase  is  made. 

Sec.  179.  TERM  OF  OFFICE  OF  COMMISSIONER.— The  first 
term  of  office  of  the  commissioner  provided  for  in  this  article  shall 
be  for  three  years  from  the  date  of  his  appointment  and  until  his 
successor  is  appointed  and  qualified,  and  after  the  expiration  of 
the  first  term,  all  succeeding  terms  shall  be  two  years,  and  until 
his  successor  is  appointed  and  qualified,  subject  to  removal  by 
the 'board.  In  case  of  vacancy  by  death,  removal,  resignation  or 
any  other  cause,  the  board  shall  fill  the  same  'by  appointment. 

•Sec.  180.  SALARY  OF  COMMISSIONER.— The  commissioner 
shall  receive  an  annual  salary  of  one  thousand  five  hundred 
dollars. 

Sec.  181.  DEPUTY  COMMISSIONER.— By  and  with  the  con- 
sent of  the  board,  the  commissioner  may  appoint  a  chief  clerk, 
who  before  entering  upon  any  of  the  duties  devolving  upon  him 
'by  said  appointment  shall  take  and  subscribe  the  oath  of  office 
required  by  law  and  shall  execute  to  the  state  a  'bond  with  one 
or  more  sureties  in  the  penal  sum  of  five  thousand  dollars  con- 
ditioned for  the  faithful  discharge  of  his  duties. 

Sec.  182.  (Amended)  DUTIES  OF  COMMISSIONER.— The 
commissioner,  under  such  directions  as  may  be  given  by  the 
board  of  university  and  school  lands,  shall  have  general  charge 
and  supervision  of  all  lands  belonging  to  the  state,  of  all  lands  in 
which  the  state  has  an  interest  or  which  are  held  in  trust  by  the 
state.  He  shall  have  the  custody  of  all  maps,  books  and  papers 
relating  to  any  of  the  public  lands  mentioned  in  this  article.  He 
shall  procure  the  proper  books,  maps  and  plats  in  wrhich  to  keep 
a  complete  record  of  all  lands  owned  or  held  in  trust  by  the  state 
for  schools,  public  buildings  and  for  all  other  purposes,  and  shall 
keep  true  records  of  all  the  sales,  leases,  permits,  patents,  deeds 
and  other  conveyances  of  such  lands  made  by  the  state,  amount 
of  money  paid,  date  of  sale  and  payment,  description  of  land  sold 
or  leased,  number  of  acres  thereof,  name  of  purchaser  and  desig- 
nation of  the  fund  that  should  be  credited  therewith.  He  shall 
direct  all  appraisements,  sales,  leases;  shall  execute  all  contracts 
of  sale,  leases,  permits  or  other  evidences  of  disposal  of  the  lands, 
subject  to  approval  by  the  board.  Upon  all  contracts,  leases 
or  permits  issued  by  the  commissioner  he  shall  certify  the  book 
and  page  where  the  same  is  recorded.  He  shall  have  an  official 


188  GENERAL  SCHOOL  LAWS, 

•seal  with  a  proper  device  thereon;  and  the  seal  of  the  commis- 
sioner affixed  to  any  contract  of  purchase,  receipts  or  other  in- 
•stru/ments  issued  by  him,  duly  countersigned  'by  him  as  approved 
-by  the  board,  according  to  the  provisions  o>£  this  article,  is  prirna 
facie  evidence  of  the  due  execution  of  such  contract  or  other 
paper.  He  shall  biennially  report  to  the  legislative  assembly 
through  the  board  his  work  during  the  preceding  term,  showing 
the  quantity  of  lands  sold  or  leased,  and  the  amount  received 
therefor,  the  amount  of  interest  moneys  received  to  the  credit 
•of  the  several  funds,  expense  of  administration  of  his  department, 
and  all  such  'other  matters  relating  to  his  office  as  shall  be 
necessary.  It  shall  also  be  the  duty  of  the  land  commissioner 
to  receive  and  present  to  the  board  of  university  and  school  lands 
all  offers  for  sale  of  bonds.  He  shall  also  prepare  all  bonds  in 
connection  with  the  investment  of  the  permanent  school  fund. 
He  shall  keep  such  'books  as  may  be  necessary  to  register  and 
describe  all  bonds  and  mortgages  purchased  or  taken  by  the 
board  of  university  and  school  lands  for  the  benefit  of  any  o>f  the 
permanent  funds  under  its  control.  Such  books  shall  be  ruled 
«o  as  to  permit  the  registry  of  the  name  and  residence  of  the 
person  offering  to  sell  any  such  bonds-  or  mortgages,  the  district 
for  which  such  offer  is  made,  a  description  of  the  property  cov- 
ered by  the  mortgage,  and  a  full  and  detailed  description  of  every 
bond,  whether  United  States,  state  or  school  district,  and  the 
date,  number,  series,  amount  and  rate  of  interest  of  each  bond, 
and  when  the  interest  and  principal,  respectively,  are  payable; 
and  such  record  shall  be  made  of  every  such  ;bond  and  mortgage 
before  the  -board  shall  act  upon  the  question  of  purchasing  the 
same.  He  shall  also  keep  in  suitable  books  a  record  showing 'a 
detailed  quarterly  statement  of  the  condition  of  all  the  perma- 
nent funds  under  control  of  said  board,  the  amount  of  each  fund, 
how  invested,  when  due,  interest  paid  and  any  other  act  in  any 
manner  connected  with  the  management  of  said  funds,  and  shall 
biennially  report  all  such  investments  to  the  governor  to  be  laid 
before  the  legislative  assembly.  All  such  records  and  record 
boobs  shall  at  all  times  be  open  for  inspection  by  the  public. 

Sec.  183.  COUNTY  BOARD  OF  APPRAISAL,  DUTIES  OF.— 
The  county  superintendent  of  schools,  the  chairman  of  the  board 
of  county  commissioners  and  the  county  auditor  of  each  county 
shall  constitute  the  "County  Board  of  Appraisers"  of  the  public 
lands  of  the  state  in  and  for  their  county.  The  county  board  of 
appraisal  in  each  county  shall  upon  the  request  of  the  board  of 
university  and  school  lands,  designate  on  or  before  such  date  as 
it  may  specify,  the  public  lands  of  the  state  in  their  county,  that 
in  its  judgment  can  be  sold  for  ten  dollars  an  acre  or  upwards  on 
the  terms  prescribed  in  this  article,  designating  the  tracts  sepa- 


STATE  OF  NORTH  DAKOTA.  139 

-rately  and  giving  an  approximate  estimate  of  their  selling  value. 
Thereupon  the  commissioner  shall,  if  so  ordered  by  the  board  of 
.university  and  school  lands,  prepare  a  list  and  order  an  appraisal 
of  such  lands  as  shall  be  designated  in  such  list,  and  it  is  made 
the  duty  of  such  board  of  appraisers  within  ten  days  after  the 
receipt  of  such  list  to  examine  such  lands  and  appraise  them  at 
their  cash  value,  as  nearly  as  can  be  determined,  describing  each 
tract  or  subdivision  in  parcels  not  greater  than  one  hundred  and 
.sixty  acres,  more  or  less,  according  to  the  government  survey, 
.and  in  smaller  subdivisions  thereof,  if  so  listed  by  the  commis- 
sioners, aid  set  opposite  each  described  tract  or  parcel  of  land 
the  appraised  value  per  acre  thereof;  and  when  such  appraisal  is 
completed,  which  shall  not  be  later  than  thirty  days  after  the  re- 
ceipt of  the  order  directing  it,  the  county  board  of  appraisers,  or 
the  members  of  the  same  who  made  such  appraisement,  shall  cer- 
tify to  its  correctness,  and  make  duplicate  copies  thereof,  one  of 
which  shall  be  forwarded  immediately  to  the  board  of  university 
and  school  lands,  and  the  other  filed  in  the  office  of  the  county 
auditor  for  reference.  And  in  addition  to  the  appraisal  of  such 
lands  the  county  board  of  appraisal  shall  furnish  such  other  in- 
formation regarding  the  lands  as  may  be  required  by  the  commis- 
sioner in  the  manner  and  form  prescribed  by  him.  The  report 
of  such  appraisal  shall  be  verified  by  each  o>f  such  appraisers  and 
shall  disclose  any  interest,  real  or  contingent,  that  any  of  such 
.appraisers  has  in  any  of  the  lands  or  improvements  so  appraised. 
Any  appraiser  who  willfully  makes  any  false  statement  in  such 
report,  relative  to  such  interest  in  any  of  the  lands  so  appraised, 
or  improvements  thereon,  shall  be  deemed  guilty  of  a  misde- 
meanor. For  all  services  performed  under  the  requirements  of 
this  article  the  appraisers  shall  be  paid  at  the  rate  of  three  dol- 
lars per  day  and  actual  traveling  expenses,  upon  vouchers  ap- 
proved by  the  secretary  of  the  board  of  university  and  school 
lands  to  be  paid  by  the  state  treasurer  upon  warrants,  issued  by 
the  state  auditor. 

Sec.  184.  SELECTING  AND  CERTIFYING  LANDS  FOR 
SALE. — The  commissioner  shall  from  the  list  of  lands  so  ap- 
praised and  reported  by  the  county  board  of  appraisers  select  all 
such  tracts  as  have  been  appraised  at  ten  dollars  per  acre  and  up- 
wards and  upon  approval  of  such  selections  by  the  board  of  uni- 
versity and  school  lands  shall  make  and  certify  to  the  county 
auditors  the  list  of  lands  in  their  respective  counties  that  are 
offered  for  sale,  and  when  transmitting  such  list  shall  designate 
the  day  and  hour  for  the  sale  thereof;  provided,  that  such  sales 
shall  take  place  only  between  the  hours  of  ten  o'clock  A.  M.  and 
five  o'clock  P.  M.  and  to  be  continued  from  day  to  day  until  all 
the  lands  advertised  for  sale  shall  have  been  sold  or  offered  for 


140  GENERAL  SCHOOL  LAWS, 


sale,  except  that  adjournments  may  be  made  for  any  intervening 
Sunday  or  legal  holiday. 

Sec.  185.  NOTICE  OF  SALE  TO  BE  PUBLISHED.— The 
county  auditor  shall  immediately,  on  receipt  of  the  list  of  lands 
mentioned  in  the  preceding  section,  cause  to  be  published  in  a 
paper  designated  by  the  county^  board  of  appraisers,  as  pre- 
scribed by  section  158  of  the  constitution,  a  notice  of  such  sale, 
with  the  list  of  lands  properly  described,  that  are  to  'be  offered 
for  sale,  together  with  the  appraised  value  thereof  and  the  terms 
and  conditions  of  sale.  The  board  of  university  and  school  lands 
shall  also  publish  notices  of  all  sales  for  the  same  length  of  time 
in  one  newspaper  published  at  the  seat  of  government. 

Sec.  186.  MANNER  OF  SALE.— On  the  day  and  hour  ap- 
pointed for  such  sale  the  commissioner,  except  as  hereinafter 
provided,  shall  proceed  to  sell  or  offer  for  sale  at  public  auction 
to  the  highest  bidder,  at  the  court  house  or  at  the  place  where  the 
terms  of  the  district  court  are  held,  of  the  county  where  the  lands 
are  situated,  the  lands  so  advertised,  offering  them  for  sale  and 
selling  in  the  order  in  which  they  occur  in  the  advertisement  for 
sale.  Such  lands  as  have  not  been  specially  subdivided  shall 
be  offered  in  tracts  of  one-quarter  section,  according  to  the  sub- 
divisions thereof  'by  the  United  States  survey,  and  those  so  sub- 
divided in  the  smallest  divisions  thereof.  No  tract  shall  be  sold 
for  less  than  its  appraised  value,  and  in  no  case  for  less  than  ten 
dollars  an  acre.  Whenever  the  commissioner  cannot  attend  the 
sale  in  person  such  sale  may  be  made  by  the  deputy  land  commis- 
sioner or  any  other  person  designated  and  authorized  by  the 
'board  of  university  and  school  lands. 

Sec.  187.  TERMS  OF  SALE.— Each  tract  of  land  shall  be  sold 
upon  the  following  terms:  The  purchaser  shall  .pay  one-fifth  of 
the  price  in  cash  at  the  time  of  sale,  and  the  remaining  four- 
fifths  as  follows:  One^fifth  in  five  years,  one-fifth  in  ten  years., 
one-fifth  in  fifteen  years  and  one-fifth  in  twenty  years,  with  inter- 
est at  six  per  cent  per  annnum  on  all  the  unpaid  principal,  an- 
nually in  advance.  The  highest  bidder  for  any  offered  tract  shall 
be  declared  the  purchaser  thereof,  and  shall  immediately  pay 
over  to  the  county  treasurer  the  amount  of  one-fifth  of  the  pur- 
chase price  as  specified  in  the  terms  of  sale.  In  case  the  pur- 
chaser fails  to  pay  the  amount  so  required  to  be  paid  at  the  time 
of  such  sale,  such  commissioner  or  whoever  may  be  conducting 
the  sale,  shall  immediately  re-offer  such  lands  for  sale,  but  no 
bids  shall  *be  received  from  the  person  so  failing  to  pay  as  afore- 
said; and  the  person  refusing  or  neglecting  to  make  such  pay* 
inent  shall  forfeit  the  sum  of  one  hundred  dollars  for  each  tract 
so  purchased  !by  him. 


STATE  OF  NORTH  DAKOTA.  141 

Sec.  188.  ADJOURNMENT  OF  SALE.—  No  adjournment  of 
the  sale  can  be  made  after  its  opening,  except  as  provided  in 
section  184  of  this  article,  but,  when  the  interest  ol:  the  state 
will  be  subserved  thereby,  the  board  of  university  and  school 
lands  may,  at  any  time  not  less  than  two  weeks  preceding  the 
dates  fixed  for  opening  such  sale,  make  an  order  postponing  the 
same  to  such  date  as  may  be  fixed  in  such  order,  which  shall  not 
be  more  than  sixty  days,  giving  due  notice  of  the  same  to  the 
county  auditor,  who  shall  publish  such  notice  of  adjournment 
and  the  day  fixed  for  the  same,  for  two  successive  weeks  in  the 
same  papers  in  which  the  notice  of  sale  is  published  ;  but  the 
adjournment  of  any  sale  shall  not  require  continued  publication 
of  the  list  of  lauds  beyond  the  time  specified  in  this  article  for 
publication. 


Sec.  189.  WITHDRAWAL  OF  LANDS  FROM  SALE.—  The 
board  of  university  and  school  lands  may,  in  its  discretion,  on  or 
before  the  day  of  sale,  withdraw  any  or  all  lands  that  may  have 
been  advertised  for  sale  or  included  in  any  list  to  be  offered  in 
any  county,  and  upon  such  withdrawal  shall  notify  the  auditor 
of  such  county,  specifying  the  lands  included  in  such  notice  of 
withdrawal,  who  shall  thereupon  strike  such  lands  from  the 
lists  in  his  office,  and  public  notice  of  withdrawal  shall  be  given 
at  the  day  of  sale  before  any  such  lands  are  offered. 

Sec.  190.  COUNTY  AUDITOR  TO  ACT  AS  CLERK  AT  SALE. 
APPROVAL  OF  SALE.—  The  county  auditor  shall  act  as  clerk 
of  all  land  sales  and  leases  made  in  his  county,  and  it  shall  be 
hi*,  duty  within  five  days  after  such  sale  or  lease  shall  have  been 
concluded  to  certify  to  the  board  of  university  and  school  lands 
a  list  of  lands  sold  or  leased  as  provided  in  this  article,  with  the 
price  thereof  and  the  name  of  the  purchaser  or  lessee  of  such 
tract,  the  amount  for  which  the  lands  are  sold  or  leased,  the 
amount  of  money  paid  by  such  purchaser,  and  the  amount  of 
principal  remaining  unpaid,  and  the  board  of  university  and 
school  lands  shall  approve  and  confirm  the  sale  or  lease  of  every 
such  tract,  as  upon  examination  of  such  certified  lists  and  such 
further  information  and  investigation  as  shall  be  deemed  neces- 
sary, shall  be  found  to  have  been  sold  or  leased  in  accordance 
with  the  law  and  without  fraud  or  collusion.  For  the  services 
imposed  by  this  article  the  county  auditor  shall  be  allowed  the 
sum  of  three  dollars  per  day  for  each  and  every  day  so  engaged. 
to  'be  paid  out  of  any  appropriation  for  the  expenses  o>f  appraisal 
and  sale  of  public  lands. 

Sec.  191.  NOTICE  TO  PURCASER.  EXECUTION  OF  CON- 
TRACT. —  Immediately  upon  approval  of  the  sales  by  the  board  of 
university  and  school  lands,  the  secretary  of  such  board  shall 


142  GENERAL  SCHOOL  LAWS, 


prepare  and  certify  a  list  of  said  approved  sales  to  the  commis- 
sioner, who  shall  without  delay  execute  duplicate  contracts  in* 
the  form  prescribed  by  the  board,  and  forward  the  same  to  the 
county  auditor  of  the  county  where  the  land  was  sold,  where- 
upon it  is  made  the  duty  of  the  county  auditor  to  notify  each 
purchaser  in  writing  of  the  approval  of  the  sale  to  him,  and  to* 
appear  within  ten  days  after  the  date  of  such  notice  and  pay  the 
county  treasurer  the  amount  of  interest  on  the  deferred  pay- 
ments as  specified  in  the  contract  and  execute  the  contracts  of 
sale,  and  a  failure  so  to  appear  and  execute  such  contract  shall 
act  as  a  forfeiture  of  the  payment  made  by  the  purchaser  at  the 
sale.  When  the  contracts  are  properly  executed  by  the  pur- 
chaser and  the  amount  of  money  due  thereon  shall  have  been, 
paid  to  the  county  treasurer,  the  copy  marked  duplicate  shall 
toe  delivered  to  him  and  the  original  returned  to  the  land  com- 
missioner, and  each  contract  so  returned  fully  executed  shall 
have  on  its  face  in  the  place  noted  for  such  purpose  the  notation 
of  the  date  of  delivery  to  the  purchaser,  and  all  contracts  not 
executed  by  the  pnrchaesr  shall  be  returned  to  the  land  commis- 
sioner with  a  written  'Statement  thereon  of  the  reason  for  such: 
return. 

Sec.  192.  SALES,  WHEN  VOID.— Any  sale  made  by  mis- 
take, or  not  in  accordance  with  law,  or  obtained  by  fraud,  shall 
be  void,  and  the  contract  of  purchase  issued  thereon  shall  be  of 
no  effect;  but  the  holder  of  such  contract  shall  be  required  to> 
surrender  the  >same  to  the  board  of  university  and  school  lands, 
who  shall,  except  in  caise  of  fraud  on  the  part  of  the  purchaser, 
cause  the  money  to  be  refunded  to  the  holder  thereof. 

Sec.  193.  SURVEYS  TO  BE  MADE  WHEN  NECESSARY.— 
Whenever  it  appears  to  the  board  of  university  and  school  lands 
necessary  in  order  to  ascertain  the  true  boundaries  of  any  tracts 
or  portions  of  lands,  or  to  enaJble  the  commissioner  to  describe- 
or  dispose  of  the  same  in  suitable  and  convenient  lots,  it  may 
order  all  such  necessary  surveys  to  be  made  and  the  expenses- 
shall  be  paid  out  of  the  state  treasury  as  other  incidental  ex- 
penses of  the  board  of  university  and  school  lands  are  paid. 

Sec.  194.  SUBDIVIDING  LAND  INTO  SMALL  TRACTS  OR 
LOTS,  WHEN  TO  BE  MADE.— Whenever  in  the  opinion  of  the 
board  of  university  and  school  lands  the  interests  of  the  state 
will  be  promoted  by  laying  off  any  protion  of  the  land  under  its- 
control  into  small  parcels  or  city,  town  or  village  lots,  the  board 
may  order  such  commissioner  to  cause  the  same  to  be  done,  and 
have  the  same  appraised  in  the  same  manner  as  hereinbefore- 
prescribed. 


STATE  OF  NORTH  DAKOTA. 


Sec.  195.  SALE  OF  LOTS.  NEW  APPRAISAL.—  All  par- 
cels or  lots  so  appraised  shall  be  subject  to  sale  in  the  same  man- 
ner and  upon  the  same  terms  and  conditions  and  the  contract  of 
purchase  shall  have  the  same  effect,  as  in  the  case  of  other  lands. 
for  which  provision  is  made  in  this  article,  and  at  the  prices  at 
which  the  same  are  severally  appraised,  until  a  new  appraisal  is 
made,  which  the  board  of  university  and  shool  lands  may  in  its. 
discretion  order  at  any  time,  in  the  manner  aforesaid,  and  with* 
the  like  effect  but  no  lots  or  parcels  so  appraised  shall  be  sold  for 
less  than  the  minimum  price  of  said  land,  established  in  this  ar- 
ticle. 

Sec.  196.  MAP  TO  BE  ENTERED  OF  RECORD.—  Whenever 
the  commissioner  shall  lay  off  any  tract  of  land  into  small  par- 
cels or  lots,  as  provided  in  this  article,  he  shall  cause  a  correct 
map  of  the  same  to  be  entered  of  record  in  the  county  where- 
said  lands  are  situated. 

Sec.  197.  CONTRACTS  OF  PURCHASE.  RIGHTS  UX- 
DER.  —  Contracts  of  purchase,  issued  pursuant  to  the  provisions. 
of  law,  entitle  the  purchaser,  his  heirs  or  assigns,  to  the  posses- 
sion of  the  lands  therein  described,  to  maintain  actions  for  in- 
juries done  to  the  same,  or  any  action  or  proceeding  to  recover 
possession  thereof,  unless  such  contract  has  become  void  by  for- 
feiture; and  all  contracts  of  purchase.  in  force  may  be  recorded 
in  the  same  manner  that  deeds  of  conveyance  are  authorized  to 
'be  recorded. 

Sec.  198.  ASSIGNEE  OF  PURCHASERS.—  Each  assignee  of 
a  bona  fide  purchaser  of  any  of  the  lands  mentioned  in  this  arti- 
cle is  subject  to  and  governed  by  the  provisions  of  law  applicable 
to  the  purchaser  of  whom  he  is  assignee;  and  he  shall  have  the- 
same  rights  in  all  respects  as  an  original  purchaser  of  the  same 
class  of  lands. 

Sec.  199.  CONTRACTS  MAY  BE  SURRENDERED  AND 
TWO  OR  MORE  ISSUED,  WHEN.—  Whenever  the  holder  of  any 
contract  of  purchase  of  any  state  or  school  land  shall  surrender 
the  same  to  the  commissioner  with  a  request  to  have  the  same 
divided  into  two  or  more  contracts,  it  shall  'be  lawful  for  the- 
commissioner  to  issue  the  same;  provided,  that  the  proposed  sub- 
division shall  be  only  in  the  smallest  of  the  regular  government 
or  state  subdivisions;  and,  provided,  that  no  new  contracts  shall 
issue  while  there  is  due  and  unpaid  any  interest,  principal  or- 
taxes  on  the  principal  contract  of  sale,  nor  in  any  case  where  th'e 
commissioner  shall  be  of  the  opinion  after  an  examination  of  the 
lands,  if  necessary,  that  the  security  would  be  impaired  and 
endangered  by  the  proposed  division,  nor  until  such  proposed; 


144  GENERAL  SCHOOL  LAWS, 

change  ishall  have  the  approval  of  the  board  of  university  and 
.school  lands,  and  for  all  such  new  certificates  a  fee  of  five  dollars 
for  each  certificate  so  issued  shall  be  paid  by  the  applicant,  which 
fee  shall  be  paid  into  the  state  treasury  and  become  a  part  of 
the  expense  fund  of  the  board  of  university  and  school  lands. 

Sec.  200.  CONTRACT  VOIDABLE  ON  FAILURE  TO  PAY 
PRINCIPAL  OR  INTEREST.— In  case  the  annual  interest  due 
on  the  first  day  of  January  in  any  year  shall  not  be  paid  within 
thrity  days  thereafter  iby  the  purchaser  or  by  any  person  claim- 
ing under  him,  the  contract  shall,  from  the  time  of  such  failure, 
be  voidable.  In  case  any  installment  on  the  purchase  price  shall 
not  be  paid  within  thirty  days  after  the  same  becomes  due  by 
the  provisions  of  contract  of  sale,  the  contract,  froin  the  time 
of  such  failure  shall  be  voidable.  And  in  all  cases  where  any 
contract  becomes  voidable  by  reason  of  failure  to  make  the  pay- 
ments required  by  the  contract  and  the  terms  of  this  section, 
the  board  of  university  and  school  lands  may  in  their  discretion 
declare  such  contracts  o<f  sale  void;  and  in  case  of  such  declara- 
tion, shall  notify  the  holder  thereof,  of  such  declaration,  by 
written  notice  mailed  to  his  postomce  address  and  send  a  dupli- 
cate copy  thereof  to  the  auditor  of  the  county  in  which  such  land 
is  situated,  and  order  the  commissioner  to  take  possession  of  the 
land  described  in  such  contract. 

Sec.  201.  REDEMPTION  BEFORE  RE-SALE.— In  all  cases 
where  the  rights  of  a  purchaser,  his  heirs  or  assigns,  become  for- 
feited under  the  provisions  of  this  article,  by  failing  to  pay  the 
amounts  required,  such  purchaser,  his  heirs  or  assigns,  may,  be- 
fore the  re-sale  at  public  auction  of  the  lands  described  in  such 
contract,  pay  to  the  state  treasury  the  amount  of  interest  due 
and  payable  on  such  contract,  and  all  co'sts  which  have  been  in- 
curred in  addition  thereto,  together  with  interest  at  the  rate  of 
twelve  per  cent  per  annum  on  the  interest  and  co-sts  so  due  from 
the  date  of  delinquency  to  the  date  of  payment,  and  such  pay- 
ment shall  operate  as  a  redemption  of  the  rights  of  such  pur- 
chaser his  heirs  or  assigns,  and  such  contract  from  the  time  of 
such  payment  shall  be  in  full  force  and  effect,  as  if  no  forfeiture 
had  occurred;  provided,  that  after  the  rights  of  a  purchaser,  his 
heirs  or  assigns  shall  have  become  forfeited  under  the  provisions 
of  this  article,  the  board  of  university  and  school  lands  shall 
have  the  power,  and  it  is  hereby  made  their  duty  to  provide  for 
the  re-sale  of  said  land  >so  forfeited  if  in  their  opinion  a  re-sale 
of  said  land  shall  be  most  advantageous  to  the  state,  otherwise  the 
said  board  shall  provide  for  the  leasing  of  said  land  from  year  to 
year  as  herein  provided,  and  after  a  lease  of  said  land  shall  be 
made  by  said  board,  the  lessee,  his  heirs  and  assigns,  shall  be 


STATE  OF  NORTH  DAKOTA.  145 

entitled  to  the  full  and  absolute  possession  of  all  of  said  lands 
and  premises  so  leased. 

Sec.  202.  FEE  IN  STATE  UNTIL  CONTRACT  FULFILLED. 
—The  fee  of  each  parcel  of  such  lands  shall  be  and  remain  in  the 
state  until  the  patents  hereinafter  provided  for  are  issued  for 
the  same  respectively,  and  no  patent  shall  issue  until  full  pay- 
ment of  all  sums  and  full  compliance  with  all  the  conditions  of 
the  contract  of  purchase,  and  in  case  of  non -c ompliauce  by  the 
purchaser,  his  heirs  01  assigns,  with  the  terms  of  the  contract 
as  aforesaid,  or  with  the  provisions  of  law  applicable  thereto, 
£ny  and  all  persons  being  or  continuing  io  possession  of  any  such 
lands  after  a  failure  to  comply  with  the  uerms  of  the  contract 
as  aforesaid,  or  with  such  provisions  of  la,w,  as  aforesaid,  with- 
out a  written  permission  of  the  commissioner,  shall  be  deemed 
and  held  to  detain  such  land  forcibly  and  without  right,  and  to 
be  trespassers  thereon. 

Sec.  203.  RECOVERY  OF  POSSESSION.— In  case  any  per- 
son  holds  or  continues  in  possession  of  any  of  the  land  men- 
tioned in  this  article,  contrary  to  the  conditions  or  covenants  of 
any  lease  or  written  agreement,  he  shall  be  liable  to  an  action 
of  forcible  detainer,  or  any  other  proper  action  for  the  recovery 
of  possession  of  such  lands  and  damages  for  detention  of  the 
same.  , 

Sec.  204.  RECONVEYANCE  TO  THE  UNITED  STATES.— 
In  all  cases  wrhere  lands  have  been  erroneously  or  improperly 
certified  or  conveyed  to  the  state  of  North  Dakota  for  school  or 
other  purposes  by  the  United  States,  the  governor  of  the  state 
is  authorized  to  reconvey  or  relinquish  by  the  execution,  under 
his  hand  and  the  seal  of  the  state,  of  such  conveyances  as  will 
toe  necessary  to  convey  or  relinquish  the  title  which  the  state 
may  have  to  such  lands. 

Sec.  205.  PATENTS,  WHEN  TO  ISSUE.— When  any  land 
sold  under  the  provisions  of  this  article  has  been  fully  paid  for, 
and  all  terms  of  the  contract  of  purchase  fully  complied  with, 
the  board  of  university  and  school  lands  shall  so  certify  to  the 
governor,  who  shall  therempon  issue  to  the  purchases  thereof, 
his  heirs  or  assigns,  a  patent  conveying  the  title  of  the  state  to 
such  land,  and  the  governor  shall  in  like  manner  issue  a  patent 
to  any  purchaser  of  the  rights,  title  and  interest  of  the  original 
purchaser,  his  heirs  or  assigns,  acquired  toy  any  execution  sale. 
All  such  patents  shall  be  signed  'by  the  governor  and  attested  by 
the  secretary  of  state  with  the  great  seal  of  the  state  of  North 
Dakota,  and  shall  be  countersigned  by  the  board  of  university 
and  school  lands  with  the  seal  of  the  secretary'  of  said  board. 


146  GENERAL  SCHOOL  LAWS, 

Sec.  206.  PATENTS  TO  BE  RECORDED.— The  registers  of 
deeds  of  the  several  counties  of  this  state  are  authorized  to 
record  all  (patents  issued  by  the  governor  pursuant  to  the  pro- 
visions of  this  article;  and  the  records  thereof  shall  have  the 
same  effect  as  the  record  of  other  conveyances  executed  accord- 
ing to  the  laws  of  this  state. 

Sec.  207.  (Amended.)— TAXATION  OF  LANDS  AFTER 
SALE.  PURCHASER  OF  TAX  CERTIFICATE.— The  commis- 
sioner shall,  as  soon  as  possible  after  the  sale  of  lands,  transmit 
to  the  auditor  of  each  county,  in  which  any  lands  mentioned  in 
this  article  have  been  sold,  a  detailed  description  of  each  parcel 
of  the  land  so  sold  and  the  names  of  the  purchasers,  and  the  au- 
ditor shall  extend  the  same  upon  his  tax  duplicate  for  the  pur- 
pose of  taxation,  and  the  same  shall  thereupon  become  'subject 
to  taxation  the  same  as  other  lands,  and  the  taxes  assessed  there- 
on, collected  and  enforced  in  like  manner  as  against  other  lands; 
provided,  however,  that  the  purchaser  at  tax  sale  of  any  such 
lands  sold  for  delinquent  taxes  shall  only  acquire  by  virtue  of 
such  purchase,  such  rights  and  interest  as  belong  to  the  holder 
and  owner  of  the  contract  of  sale  issued  by  such  commissioner 
under  the  provisions  of  this  article,  and  the  right  to  be  substi- 
tuted in  the  place  of  such  holder 'and  owner  of  such  contract  of 
sale,  as  the  assignee  thereof;  and  upon  the  production  to  the 
proper  officer  of  the  tax  certificate  given  upon  such  tax  sale,  in 
case  such  lands  have  not  been  redeemed,  such  tax  purchaser  shall 
have  the  right  to  make  any  payment  of  principal  or  interest  then 
in  default  upon  such  contract  of  sale,  as  the  assignee  thereof. 
But  no  tax  deed  shall  be  issued  upon  any  tax  certificate  pro- 
cured under  the  provisions  of  this  act  while  the  legal  title  of 
said  lands  remains  in  the  state  of  North  Dakota.  Whenever  the 
contract  for  the  sale  of  any  of  said  lands  has  'been  cancelled,  it 
(shall  be  the  duty  of  the  commissioner  to  notify  the  auditor  o<f 
the  county  in  which  'such  lands  are  located  of  said  cancellation, 
and  thereafter  such  lands  shall  not  (be  listed  for  taxation,  but  in 
the  event  of  the  redemption  of  any  such  lands,  the  redemptioner 
shall  pay  as  taxes  in  addition  to  all  other  charges  an  amount 
equal  to  the  tax  last  levied  thereon  for  each  year  such  land  was 
not  listed  for  taxation,  together  with  such  interest  and  penalty 
as  would  have  ibeen  charged,  if  the  same  had  been  regularly 
listed  and  taxed. 

Sec.  208.  PAYMENT  TO  COUNTY  TREASURER.  DUTY 
OF  TREASURER.— The  purchaser  of  any  land  mentioned  in 
this  article,  or  his  assigns,  may  pay  to  the  county  treasurer  of 
the  county  in  which  such  land  lies  any  amount  which  may  be  due 
from  time  to  time  on  the  contract,  either  for  principal,  interest, 
rents  or  penalty,  and  for  the  amounts  so  paid  the  county  treas- 


STATE   OP  NORTH  DAKOTA.  147 

urer  shall  give  to  such  person  a  duplicate  receipt  specifying  the 
amount  paid,  date  of  payment,  whether  for  principal,  interest  or 
penalty,  and  the  fund  to  which  it  is  applicable,  the  number  of 
the  contract,  the  name  of  the  original  purchaser  of  the  land,  oi< 
the  assignee  thereof,  which  receipt  shall  be  countersigned  by 
the  auditor  of  said  county,  and  have  the  same  force  and  effect 
as  if  given  by  the  state  treasurer.  All  moneys  received  by  the 
county  treasurer,  under  the  provisions  of  this  article,  shall  be 
held  at  all  times  subject  to  the  order  and  direction  of  the  state 
treasurer  for  the  benefit  of  the  funds  to  which  the  moneys  re- 
spectively belong;  and  during  the  months  of  January,  March, 
June  and  Octoiber  of  each  year,  and  such  other  times  as  he  may 
be  requested  so  to  do  by  the  state  treasurer,  he  shall  pay  into  the 
state  treasury  all  moneys  received  on  account  of  such  funds 
since  the  last  payment  he  may  have  made. 

Sec.  209.  BOND  OF  COUNTY  TREASURER.  CONDI- 
TIONS OF. — The  bond  of  each  county  treasurer  shall  be  condi- 
tioned for  the  honest  and  faithful  discharge  of  all  trusts  and 
responsibility  imposed  by  this  article,  and  for  the  faithful  pay- 
ment of  and  accounting  for  all  moneys  received  by  him  under 
the  provisions  of  this  article  to  the  state  treasurer  or  any  other 
person  entitled  to  receive  the  same,  and  the  board  of  university 
and  school  lands  shall  on  or  before  the  first  day  of  January, 
following  any  election  for  county  officers,  certify  to  the  chair- 
man of  the  board  of  county  commissioners  of  each  county  the 
amount  of  money  liable  to  come  into  the  hands  of  the  treasurer 
of  the  county  under  the  provisions  of  this  article,  and  the  board 
o'f  county  commissioners  shall  add  to  the  amount  of  the  sum  re- 
quired on  his  regular  official  bond  to  the  county  double  the  sum 
-so  certified  by  the  board  of  university  and  school  lands,  and  the 
record  of  the  proceedings  of  such  board  of  county  commissioners 
when  fixing  the  amount  of  such  bond  shall  specify  in  two  separ- 
ate items  the  aggregate  ;» mount  of  the  bonds  so  made  up,  desig- 
nating one  sum  as  the  amount  to  indemnify  the  county,  and  the 
other  to  indemnify  the  ?tate  for  any  losses  incurred  by  reason 
of  failure  to  comply  with  the  provisions  of  all  laws  regulating 
his  duty. 

Sec.  210.  FEES  TO  COUNTY  TREASURER-Oounty  treas- 
urers shall  be  entitled  to  a  fee  of  one<half  of  one  per  cent  on  each 
dollar  collected  or  received  and  remitted  by  them  in  payment 
of  principal  or  interest,  fines,  penalties  and  damages  on  state 
lands,  which  fee  shall  be  payable  from  the  general  fund  of  the 
class  of  lands  on  which  payment  is  made  to  siuch  treasurer,  and 
such  fee  shall  be  paid  to  the  county  treasurer  on  vouchers  coun- 
tersigned by  the  county  auditor  and  approved  by  the  commis- 
sioner of  university  and  school  lands  and  such  approved  vouchers 


148  GENERAL  SCHOOL  LAWS, 

shall  ibe  paid  out  of  any  appropriation  for  the  expenses  of  ap- 
praisement and  sale  of  such  lands. 

Sec.  211.  DUTY  OF  COUNTY  AUDITOR,— The  county  audi- 
tor shall,  at  the  time  he  is  required  by  law  to  return  abstracts 
o>f  settlement  to  the  state  auditor,  also  forward  to  the  land  com- 
missioner all  duplicate  or  triplicate  receipts  of  principal,  inter- 
est, penalty  or  rental  on  state  lands,  with  a  certified  statement 
of  such  collection  by  the  county  treasurer,  specifying  the  amount 
of  each  item;  and  he  shall  also  make  such  return  at  any  other 
time  as  may  be  required  by  the  board  of  university  and  school 
lands. 

Sec.  212.  LIST  OF  LANDS  SOLD  TO  BE  FURNISHED 
COUNTY  TREASURER.— On  or  before  the  first  day  of  December 
in  each  year  the  commissioner  shall  cause  to  'be  made  out  and 
transmitted  to  county  treasurers  a  statement  showing  the  lands 
sold  in  their  respective  counties,  the  number  of  the  contracts  of 
purchase,  the  name  of  the  person  to  whom  each  contract  was 
issued,  and  the  amount  of  both  principal  and  interest  due  on  each 
on  the  first  day  of  January,  together  with  such  directions,  in- 
structions and  blanks  as  shall  enable  the  county  treasurers  to 
carry  o<ut  the  provisions  of  this  article. 

Sec.  213.  TOWNSHIP  ASSESSORS  TO  EXAMINE  STATE 
LANDS. — It  shall  be  the  duty  of  all  township  and  district  as- 
sessors, whenever  .required  by  the  commissioner  to  examine  and 
report  on  any  lands  designated  to  them  by  him,  in  the  manner 
and  form  prescribed  by  him,  and  for  such  examination  they 
shall' 'be  paid  at  the  rate  of  three  dollars  per  day  for  time  actu- 
ally engaged,  upon  vouchers  approved  by  the  commissioner. 

Sec.  214.  TRANSFER  OF  RECORDS  TO  COMMISSIONER.— 

All  abstracts  and  conveyances  of  title  to  the  state  of  North  Da- 
kota whether  the  said  lands  are  held  for  penal,  educational, 
charitable,  school  or  other  purposes,  shall  be,  by  those  in  whose 
charge  such  conveyances  now  are  or  may  come,  deposited  with 
and  remain  in  the  control  o*f  the  commissioner  of  university  and 
school  lands. 

Sec.  215.  PERMANENT  AND  GENERAL  FUNDS.— The 
principal  accruing  from  all  sales  of  school,  university  or  other 
state  lands  under  the  control  of  the  board  of  university  and 
school  lands,  as  provided  for  in  this  article,  shall  become  a  part 
of  the  several  permanent  funds  to  which  they  respectively  be- 
long and  shall  not  be  reduced  by  any  means  whatever.  All 
moneys  received  as  interest,  for  rents,  penalties-,  permits  or  from 
any  source  other  than  from  the  principal  of  sales  shall  become 
a  part  of  the  general  or  current  funds  to  which  they  respectively 
belong  anfr  shall  be  distributed  as  directed  by  law. 


STATE  OF  NORTH  DAKOTA.  149 

Sec.  21Q.  QUANTITY  OF  LANDS  TO  BE  SOLD.— No  more 
than  one-fourth  of  the  common  school  lands  of  the  state  she?] 
be  sold  within  the  first  five  years  after  they  'become  salable  un- 
der the  provisions  of  section  155  of  the  constitution,  nor  more 
than  one-half  of  the  remainder  within  ten  years  after  the  same 
become  salable  as  aforesaid.  The  residue  may  be  sold  at  any 
time  after  the  expiration  of  such  ten  years;  provided,  however, 
that  the  coal  lands  of  the  state  shall  not  be  sold,  but  may  be 
leased  under  the  provisions  of  any  law  governing  such  leases. 
The  words  "coal  lands"  include  lands  bearing  lignite  coal. 

Sec.  217.  (Amended)— LANDS  SUBJECT  TO  LEASE.  All 
the  common  school  lands  and  all  other  public  lands  of  the  state 
that  are  not  of  such  value  as  will  admit  of  appraisal  at  ten  dol- 
lars or  more  per  acre,  at  the  time  of  any  regular  appraisal,  may 
be  leased ;  provided,  that-  no  leases  can  be  granted  for  a  period 
longer  than  five  years,  and  only  for  pasturage  and  meadow  pur- 
poses, and  at  a  public  auction  after  notice  as  hereinafter  pro- 
vided; provided,  further,  that  all  of  such  school  and  public  lands 
now  under  cultivation  may  be  leased  at  the  discretion  and  under 
the  control  of  the  board  of  university  and  st-hool  lands  for  other 
than  pasturage  and  meadow  purposes  until  sold ;  provided,  further, 
that  in  case  of  a  sale  of  the  land  so  leased  during  the  term  of  the 
lease,  the  lessee  to  be  given  ninety  days'  notice,  and  provided, 
further,  that  at  the  expiration  of  said  lease  or  within  ninety  days 
of  the  date  of  receiving  the  aforesaid  notice,  the  said  lessee 
may  remove  from  said  lands  so  leased,  all  fences,  sheds,  water 
tanks,  wind  mills,  etc.,  used  upon  said  lands  by  said  lessee.  All 
rents  shall  be  paid  annually  in  advance. 

Sec.  217a,  MAY  LEASE  CULTIVATED  LANDS.— The  com- 
missioner of  university  and  school  lands  is  hereby  authorized 
and  empowered  to  lease  cultivated  school  and  institution  lands 
in  the  several  counties  of  the  state  for  the  period  of  two  years 
for  the  purpose  of  summer-fallowing  the  first  year  and  cropping 
the  next,  wThen  in  his  opinion  it  is  necessary  so  to  do  in  order  to 
clear  the  same  of  noxious  weeds,  said  lessee  to  pay  only  one 
years  rent  for  the  same.  When  any  lands  are  leased  as  above 
provided  the  party  so  leasing  the  same,  before  lease  is  approved 
by  the  board  of  university  and  school  lands,  shall  pay  to  the 
county  treasurer  of  the  county  in  which  the  land  is  situated  the 
total  amount  of  rent  therefor.  Should  the  lessee  so  renting  the 
land  as  above  provided  fail  or  neglect  to  summer-fallow  the 
same  at  the  proper  time,  the  board  of  university  and  school  lands 
in  their  discretion  may  declare  the  lease  canceled  and  the  amount 
paid  thereon  will  thereby  become  forfeited. 


150  GENERAL  SCHOOL  LAWS, 

Sec.  218.  APPRAISAL  FOR  LEASE  BY  COUNTY  BOARD. 
— It  shall  'be  the  duty  of  the  county  board  of  appraisers*  each  and 
every  year  if  so  ordered,  to  appraise  in  the  same  manner  as  all 
other  lands  that  are  listed  for  taxation  are  appraised,  all  the 
common  school  and  other  public  lands  of  the  state  in  their 
respective  districts  that  may  be  included  in  the  order,  making 
a  return  of  all  such  appraisals  to  the  board  of  university  and 
school  lands  in  the  form  prescribed  on  blanks  furnished  by  the 
board;  such  returns  to  'be  made  on  or  before  the  first  day  of  July 
of  the  same  vear;  and  for  any  services  performed  as  required  by 
this  article  they  shall  'be  paid  at  the  rate  of  three  dollars  per 
day,  to  be  -paid  by  the  state  treasurer  out  of  the  funds  appro- 
priated for  the  current  expenses  of  such  'board.  It  shall  be  the 
duty  of  the  board  of  university  and  school  lands  to  equalize  the 
appraisements  so  returned  as  to  counties  by  adding  thereto  or 
taking  therefrom  such  a  uniform  (percentage  as  may  in  its  judg- 
ment seem  proper  and  fair  in  order  to  arrive  at  a  just  and 
equitable  equalization  (between  the  several  counties,  and  upon 
s»uch  valuation  so  fixed  the  board  of  university  and  school  lauds 
are  authorized  to  fix  a  per  cent  per  acre  as  tie  minimum  price 
at  which  the  land  can  be  leased;  provided,  that  the  lowest  price 
O'f  lands  leased  for  pasturage  cannot  'be  below  one-half  of  one 
per  cent  of  the  average  value  in  the  county,  and  for  any  culti- 
vated lands  in  the  county  the  lowest  price  cannot  be  below  two 
and  one-half  per  cent  of  the  appraised  value  of  each  cultivated 
tract.  And  when  advertising  the  same  for  lease  they  shall  set 
opposite  each  description  the  value  thereof  as  equalized  by  them, 
which  valuation  shall  form  the  basis  for  leasing  the  same. 

Sec.  219.  SELECTION  OF  LANDS  FOR  LEASE.— The  board 
of  university  and  school  lands  shall  have  the  power,  and  it  is  here- 
by made  its'duty  to  select  from  the  lands  so  appraised  such  tracts 
as  in  the  judgment  of  the  board  can  be  leased  with  profit  to  the 
school  and  other  permanent  land  funds  of  the  state,  or  a.s  the  leg- 
islature may  by  law  order  to  be  leased,  and  shall  at  such, time  as 
in  its  judgment  is  for  the  best  interests  of  the  state,  proceed  to 
advertise  for  lease  and  offer  for  lease,  in  each  succeeding  year, 
such  lands  as  have  thus  been  selected. 

Sec  220.  (Amended).— ADVERTISEMENT  FOR  LEASING. 
— All  such  lands  to  be  leased  or  offered  for  lease  lying  within 
the  respective  counties  shall  by  the  board  of  university  and 
school  lands  be  advertised  for  lea,se  by  publication  once  a  week 
for  not  less  than  sixty  days  in  some  newspaper  or  newspapers 
of  general  circulation  in  the  vicinity  of  such  lands.  Such  ad- 
vertisement shall  contain  the  designation  or  proper  description 
of  each  tract  or  parcel  of  land  so  to  be  leased,  the  appraised 
value  of  each  tract  and  the  per  cent  on  such  valuation  fixed  by 


STATE  OF  NORTH  DAKOTA.  151 

the  board  as  the  minimum  price  at  which  such  land  can  be 
leased  and  the  terms  of  the  lease.  A  copy  of  such  advertise- 
ment shall  also  be  posted  in  a  conspicuous  place  at  the  court 
house  of  the  county,  and  a  notice  of  the  time  and  place  where 
the  said  lands  are  to  be  leased  shall  also  be  published  for  not 
less  than  sixty  days  in  one  newspaper  at  the  seat  of  government 
by  such  board  of  university  and  school  lands;  provided,  that  if 
in  the  opinion  of  the  board  there  will  not  be  sufficient  of  such 
lands  situate  in  any  county  leased  to  warrant  the  expense  o»f 
advertisement  in  a  newspaper,  by  description  of  each  tract  or 
parcel,  the  notice  may  be  given  by  general  advertisement. 

Sec.  221.  MANNER  OF  LEASING.  BY  WHOM  MADE. 
HOW  CONDUCTED.— It  shall  be  the  duty  of  the  commissioner 
of  university  and  school  lands,  or  such  other  person  as  may  be 
appointed  toy  the  'board  of  university  and  school  lands,  to  conduct 
the  leasing  of  such  lands  in  accordance  with  the  provisions  of 
this  article  and  such  directions  as  shall  be  prescribed  therefor 
by  the  board;  provided,  that  the  leasing  shall  be  at  public  aue- 
tion  to  the  highest  bidder  at  the  court  house  or  place  where 
terms  of  the  district  court  are  held,  commencing  on  the  day 
specified  in  the  advertisement  for  such  lease  and  between  the 
hours  of  ten  o'clock  A.  M.  and  five  o'clock  P.  M.  to  continue  from 
day  to  day  until  all  tracts  or  parcels  of  land  advertised  for  lease 
shall  have  been  leased  or  offered  for  lease;  but  the  time  for 
leasing  the  same  shall  not  exceed  ten  days  in  any  county,  except 
that  an  adjournment  may  be  made  over  the  Sabbath  or  any  legal 
holiday.  In  counties  where  a  large  number  of  tracts  of  land  are 
to  be  leased  the  land  situated  in  certain  townships  may  be  desig- 
nated in  the  advertisement  to  be  leased  on  certain  specified  days 
and  in  such  case  such  lands  shall  be  leased  or  offered  for  lease 
on  such  specified  days,  or  for  want  of  time  for  the  leasing  or 
offering  for  lease  of  all  such  designated  lands,  the  leasing  of 
those  unoffered  may  be  adjourned  until  the  following  day  or  days, 
when  they  must  be  the  first  lands  offered  for  lease.  Such  lands 
as  shall  not  have  been  specially  subdivided  sha"  be  leased  or 
offered  for  lease  in  tracts  of  one-quarter  section  each,  and  those 
so  subdivided  in  the  smallest  subdivision  thereof.  Notice  must 
be  given  when  the  land  is  offered  that  all  bids  are  subject  to  ap- 
proval by  the  board.  At  the  time  of  offering  the  lands  for  lease 
the  county  auditor  of  the  county  shall  act  as  clerk,  and  it  shall 
be  his  duty  to  make  report  thereof,  stating  the  terms  of  such 
leasing,  as*  is  prescribed  in  section  190  for  making  reports  of 
sales. 

Sec.  222.  BIDDERS  TO  PAY  FIRST  YEAR'S  RENT  AT 
TIME  OF  LEASING.  PROVISIONS  FOR  FAILURE  TO  PAY. 

—The  highest  'bidder  for  any  parcel  of  land  shall  at  once  deposit 


152  GENERAL  SCHOOL  LAWS, 

the  amount  of  his  bid  with  the  county  treasurer,  who  shal'  act 
as  treasurer  of  said  leasing,  failing  to  do  which  the  bid  of  the 
next  highest  'bidder  shall  be  accepted  under  like  conditions; 
provided,  his  bid  shall  not  be  less  than  the  minimum  price  as  fixed 
under  and  in  pursuance  of  section  218. 

Sec.  223.  ADJOURNMENT  OF  LEASE.— Whenever  the 
board  of  university  and  school  lands  finds  that  the  interests  of 
the  state  will  be  subserved  by  the  adjournment  of  the  time  for 
offering  lands  for  lease,  the  authority  conferred  by  section  188 
for  adjournment  of  sales  is  made  applicable  to  the  leasing  of 
lands. 

Sec.  224.  APPROVAL  OF  LEASE  AND  EXECUTION  OF 
CONTRACT  FOR  LEASE.  THE  BOARD  OF  UNIVERSITY 
AND  SCHOOL  LANDS  TO  HAVE  POWER  TO  LEASE  TO  AP- 
PLICANTS IN  CERTAIN  CASES.— Immediately  upon  receipt 
of  the  report  of  the  county  auditor  as  required  by  this  article,, 
the  board  of  university  and  school  lands  shall  approve  and  con- 
firm the  lease  of  all  such  tracts  as  in  its  judgment  should  be 
made,  and  shall  at  once  certify  a  list  o'f  the  approved  leases  to 
the  commissioner,  who  shall  without  delay  execute  duplicate 
contracts  of  lease  in  the  form  prescribed  <by  the  board,  and  for- 
ward to  the  lessee  a  copy  marked  "duplicate,"  the  "original"  be- 
ing filed  in  the  office  of  the  commissioner,  who  shall  also  forth- 
with certify  to  the  auditor  of  the  proper  county,  a  list  of  such 
leases  as  have  been  approved  by  the  board.  In  case  any  of  the 
lands  in  any  co-unty  may  remain  unleased  after  the  date  adver- 
tised for  the  leasing,  the  board  shall  have  authority  to  make  con- 
tracts of  lease  for  said  lands  to  the  first  applicant,  therefor  at  not 
less  than  the  minimum  price  thereof. 

Sec.  225.  (Amended.)— LESSEE  NOT  TO  DESTROY  TIM- 
BER,— No  lessee  of  any  of  the  common  school  or  public  lands  of 
the  state,  or  his  heirs  or  assigns,  shall  cut  down  or  take  away 
from  such  tract  any  timber,  trees  or  wood,  or  suffer  or  cause  the 
same  to  be  done  by  any  person,  except  that  such  lessee  may  cut 
down  or  use  such  amount  of  dead  or  prostrate  trees,  or  timber 
as  may  >be  sufficient  to  supply  him  with  fuel  for  his  family  or  the 
families  of  his  employees  actually  residing  upon  said  tract,  and 
further,  that  such  lessee,  his  representative  or  assigns  may.  dur- 
ing his  term  or  within  a  reasonable  time  thereafter  remove  any 
pump,  curbing,  fencing,  or  any  other  improvement  he  may  have 
placed  thereon  or  received  from  any  preceding  occupant  or 
lessee  of  the  land.  Any  lessee  violating  the  provisions  of  this 
section  shall  forfeit  his  lease  and  all  rights  and  interests  there- 
under, and  shall  be  liable  to  the  state  for  damages  sustained  by 
the  state  by  reason  thereof  and  shall  be  guilty  of  a  misdemeanor. 


STATE  OF  NORTH  DAKOTA.  15$ 


Sec.  226.  LESSEE  NOT  TO  BREAK  UNCULTIVATED 
LAND. — No  lessee,  or  the  heirs  or  assigns  of  any  lessee,  of  any 
of  the  common  school  or  public  lands  of  this  state,  leased  for 
meadow  or  pasturage  purposes,  or  of  school  or  public  lands  leased 
for  the  purpose  of -cultivation,  which  may  contain  any  unculti- 
vated or  unbroken  land,  shall  break,  plow  or  cultivate  any  un- 
broken land  on  any  tract  so  leased,  or  cause  or  suffer  it  to  be 
done  by  any  other  person.  And  any  lessee,  or  his  heirs,  or  as- 
signs, who  shall  violate  the  provisions  of  this  section  shall  incur 
the  same  forfeitures  and  liabilities  as  are  provided  in  the  pre- 
ceding section,  and  shall  also  be  guilty  of  a  misdemeanor. 

Sec.  227.  HAY  NOT  TO  BE  OUT  BEFORE  JULY  FIRST.— No 

lessee  or  his  heirs  or  assigns,  shall  mow  or  cut  for  hay  or  feed 
any  grass  on  any  unbroken  land,  or  cause  or  suffer  the  same  to 
be  done  by  any  other  person  prior  to  the  first  day  of  July  in  any 
year.  And  any  lessee  or  his  heirs  or  assigns,  who  shall  violate 
the  provisions  of  this  section  shall  incur  the  same  forfeitures 
and  liabilities  as  are  provided  in'  section  225,  and  shall  also  be 
guilty  of  a  misdemeanor. 

Sec.  228.  BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS 
TO  GRANT  PERMITS  TO  CUT  HAY  AND  TO  REMOVE  DEAD 
AND  DOWN  TIMBER.— The  board  shall  have  authority,  when 
in  its  judgment  it  is  for  the  best  interests  of  the  state  so  to  do. 
to  sell  the  right  to  cut  grass  on  any  of  the  public  lands  of  the 
state  and  to  sell  any  down  and  dead  timber  on  said  lands  for 
such  price,  terms  and  conditions  as  they  may  think  proper,  but 
no  dead  timber,  if  standing,  shall  be  deemed  to  toe  included  in 
the  sale  unless  expressly  so  specified  in  the  permit.  All  such 
permits  shall  only  be  for  the  current  season  and  between  the 
fifteenth  day  of  June  and  the  first  day  of  April  of  the  following 
year,  and  no  control  of  rights  of  occupancy  of  said  land  shall  be 
other  than  what  is  specified  in  such  permit;  said  permit  shall 
be  sold  by  the  several  county  treasurers,  whose  duties  and  com- 
pensation shall  be  prescribed  by  the  board  of  university  and 
school  lands,  but  said  compensation  shall  be  toased  upon  a  per- 
centage of  amounts  of  money  collected  and  remitted  to  the 
state  treasurer  from  said  sale  of  grass  and  timber  in  their  re- 
spective counties.  All  permits  shall  be  paid  for  in  advance. 

Sec.  229.  TRESPASS  UPON  PUBLIC  LANDS.  CIVIL 
ACTION  FOR. — Whoever  commits  any  trespass  upon  any  of  the 
lands  owned  ,  or  held  in  trust,  or  otherwise  by  the  state  shall  be 
liaible  in  treble  damages  in  an  action  to  be  brought  in  the  name  of 
the  state,  if  such  trespass  is  adjudged  to  have  been  willful;  but 
single  damages  only  shall  'be  recovered  in  such  action  if  such 
trespass  is  adjudged  to  have  been  casual  and  involuntary. 


154  GEiNEiRAL  SCHOOL  LAWS, 

Sec.  230.  WILLFUL  TRESPASS.  PENALTY.— Whoever 
commits  any  willful  trespass  upon  any  of  the  lands  owned  or  held 
in  trust  or  otherwise  by  this  state,  either  by  cutting  down  or 
destroying  any  timber  or  wood  standing  or  growing  thereon,  or 
by  carrying  away  any  timber  or  wood  .therefrom,  or  by 
mowing  or  cutting  or  removing  any  hay  or  grass  standing  or 
growing  or  -being  thereon,  or  who  injures  or  removes  any  build- 
ings, fences,  improvements  or  other  property  belonging  or  apper- 
taining to  said  land  or  unlawfully  'breaks  or  cultivates  any  of 
said  lands  or  aids,  directs  or  countenances  such  trespass  or  other 
injury  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  by  imprisonment  in  the  county 
jail  not  more  than  one  year,  or  by  fine  not  exceeding  five  hundred 
dollars,  or  both  such  fine  and  imprisonment,  in  the  discretion  of 
the  court.  And  whoever  is  occupying,  residing  upon  or  in 
possession  of  any  school  or  other  public  lands  owned  or  held  in 
trust  or  otherwise  by  the  state  at  the  time  of  the  passage,  ap- 
proval and  taking  effect  of  this  act  without  a  valid  lease  there- 
for shall  be  deemed  and  held  to  be  a  willful  trespasser  thereon, 
and  guilty  of  trespass  upon  such  land,  and  upon  conviction 
thereof  shall  be  punished  as  provided  for  in  this  section  for  any 
other  act  of  trespass. 

Sec.  231.  PROPERTY  TO  BE  SEIZED.— In  addition  to  the 
penalties  provided  for  in  this  article  against  those  committing  tres- 
pass upon  any  of  the  lands  owned  or  held  in  trust  or  otherwise  by 
this  state,  the  commissioner  is  authorized  and  empowered  without 
legal  process  to  seize  and  take,  or  cause  to  be  seized  and  taken 
any  and  all  timber,  grass,  wood  or  other  property  unlawfully  sev- 
ered from  such  lands,  whether  the  same  has  been  removed  from 
such  lands  or  not,  and  may  dispose  o>f  the  property  so  seized  and 
taken,  either  at  public  or  private  sale,  in  such  manner  as  will  be 
most  conducive  to  the  interests  of  the  state;  and  all  moneys 
arising  therefrom  after  deducting  the  reasonable  and  necessary 
expenses  of  such  seizure  and  sale  shall  be  made  a  part  of  the  gen- 
eral fund  belonging  to  the  public  lands  and  shall  be  distributed 
in  accordance  with  the  provisions  of  this  article. 

Se€.  232.  DAMAGES. — All  damages  recovered  for  any  tres- 
pass, or  other  injury  upon  or  to  any  of  the  lands  mentioned  in  this 
article,  shall  be  paid  over  to  the  state  treasurer  for  the  benefit  of 
the  general  fund  to  which  the  same  properly  belongs. 

Sec.  233.  STATE'S  ATTORNEY  TO  PROSECUTE  AND  RE 
PORT. — The  state's  attorneys  of  the  several  counties  shall 
promptly  report  to  the  commissioner  all  cases  of  trespass  com- 
mitted upon  such  lands,  which  may  come  to  their  knowledge,  and 
shall,  when  directed  by  the  attorney  general,  prosecute  all  actions 


STATE  OF  NORTH  DAKOTA.  155 

for  any  trespass  or  injury  thereto,  or  for  recovery  of  possession 
thereof,  or  otherwise. 

Sec.  234.  EXPENSES  OF  SALE,  HOW  PAID.— The  expenses 
of  publishing  notices  of  the  sale  of  the  university,  school  and  all 
other  public  lands  of  the  state  shall  be  paid  by  the  state  treasurer 
upon  the  warrant  of  the  state  auditor  out  of  the  general  or  cur- 
rent funds  of  the  different  institutions  as  designated  in  section 
215,  and  such  expenses  shall  be  apportioned  according  to  the  re- 
ceipts credited  each  fund  from  proceeds  of  each  and  every  sale. 
All  (bills  for  such  publishing  shall  be  verified  by  the  publisher 
and  approved  by  the  board  of  university  and  school  lands. 

Sec.  234a.  EXPENSE  OF  ADVERTISING  AND  LEASING.— 
There  is  hereby  annually  appropriated  out  of  any  funds  in  the 
treasury  not  otherwise  appropriated  the  sum  of  two  thousand 
dollars,  or  so  much  thereof  as  may  be  found  necessary,  for  the 
purpose  of  paying  the  expense  of  advertising  the  common  school 
lands  for  lease  and  the  attendant  expense  of  leasing  the  same. 

Sec.  234b.  (Amended)  FEES  FOR  SERVICE.  DUTY  OF 
COUNTY  TREASURERS.— It  shall  be  the  duty  of  the  commis- 
sioner of  university  and  school  lands  to  charge  and  collect  the 
following  fees:  For  each  one  year  leas.e  of  school  or  other  state 
lands,  f  1 . 50.  For  each  lease  for  a  period  of  more  than  one  year, 
f  3.  For  each  contract  for  lands  purchased,  |5.  For  'each 
patent,  $5.  For  approving  and  recording  each  assignment  of 
school  land  contract,  f 5.  For  furnishing  certified  copies  of  school 
land  contracts,  $3.  All  fees  must  be  paid  in  advance  and  when 
collected  must  be  paid  into  the  state  treasury  at  the  end  of  each 
month  and  be  placed  to  the  credit  of  the  expense  fund  of  the 
board  of  university  and  school  lands.  It  shall  be  the  duty  of  the 
county  treasurer  of  any  county  where  any  such  lands  are  leased 
or  sold  to  collect  the  fees  hereinbefore  provided  for  at  the  time 
the  first  payment  thereon  is  made  for  leases  and  contracts  of  sale 
and  transmit  the  same  to  the  commissioner  on  the  first  day  of 
each  month. 

Sec.  235.  APPROPRIATION  FOR  EXPENSES  OF  BOARD.— 
There  is  hereby  annually  appropriated  out  of  any  funds  in  the 
treasury  not  otherwise  appropriated  the  snim  of  five  thousand  dol- 
lars, or  so  much  thereof  as  may  be  found  necessary,  for  the  sal- 
aries and  expenses  of  the  commissioner  of  university  and  school 
lands,  clerk  hire,  record  books,  blanks  and  all  such  other  expenses 
as  shall  be  necessarily  incurred  by  the  board  of  university  and 
school  lands  in  carrying  out  the  provisions  of  this  article,  and 
such  expenses  shall  be  paid  out  of  the  treasury,  and  upon  satis- 
factory vouchers  therefor  the  state  auditor  shall  issue  his  war- 
rant for  the  same. 


156  GENERAL  SCHOOL  LAWS, 


FUNDS   OF    AGRICULTURAL   COLLEGE    AND    DEAF   AND   DUMB    ASYLUM, 
(Chapter  138,  Laws  of  1901.) 

Section  1.  STATE  AUDITORS  TO  PAY  OVER  FUNDS. 
— All  moneys  received  a,s  interest  for  rents,  penalties, 
permits  or  from  any  other  source  than  from  the  prin- 
cipal of  sales  of  agricultural  college  lands,  and  lands  be- 
longing to  the  deaf  and  dumb  asylum,  state  university  and 
school  of  mines,  shall  be  paid  over  to  the  respective  institu- 
tion treasurers  of  the  agricultural  college,  deaf  and  dumb 
asylum  and  state  university  and  school  of  mines  upon  the 
warrant  of  the  state  auditor  on  the  first  day  of  January, 
April,  July  and  October  in  each  year. 

Sec.  2.  FUNDS  SUBJECT  TO  ORDER  OF.— The  funds 
herein  referred  to  shall  be  subject  to  the  order  of  the  respec- 
tive boards  of  trustees  of  each  institution  herein  mentioned 
and  shall  be  used  for  the  maintenance  of  such  institutions. 


APPROPRIATION   FOR   SELLING   SCHOOL   LANDS. 
(Chapter  13   Laws  1901.) 

Section  1.  APPROPRIATION.— There  is  hereby  annual- 
ly appropriated  out  of  any  funds  in  the  treasury  not  otherwise 
appropriated,  the  sum  of  four  thousand  dollars,  or  so  much 
thereof  as  may  be  found  necessary,  for  the  purpose  of  paying: 
the  expense  of  appraising,  advertising  and  selling  common 
school,  institution  or  other  lands,  under  the  control  of  the 
'board  of  university  and  school  lands. 


STATE  OF  NORTH  DAKOTA.  157 


APPENDICES. 


APPENDIX  A. 


SPECIAL   LAWS. 

The  following  special  laws  enacted  by  the  legislative  assembly 
from  1877  to  June  20,  1886,  pertaining  to  the  organization  and 
government  of  independent  school  districts  and  acts  amendatory 
thereof  are  in  full  force  and  eifect,  to>wit: 

(a)  "An  act  ^providing  a  board  of  education  for  the  city  of 
Fargo,  Dakota  Territory,  and  regulating  the  management  of  the 
public  schools  therein,"  approved  February  20,  1879. 

(b)  "An  act  providing  for  a  board  of  education  for  the  city  of 
Jamestown,  Dakota  Territory,  and  regulating  the  management 
of  the  public  schools  therein,''  approved  March  3,  1883. 

(c)  "An  act  providing  for  a  school  board  for  the  city  o»f  Lis- 
bon, and  for  other  purposes,"  approved  March  13,  1885. 

(d)  "An  act  to  create  certain  territory  now  within  the  school 
township  of  Brightwood,  Kichland  County,  Dakota  Territory,  as 
an  independent    school    district.    No.    1    (Hankinson),  Richland 
county,  Dakota  Territory,"  approved  March  13,  1885. 

(e)  "An  act  establishing  the  independent  school  district  of 
Walcott,  Richland  county,  Dakota  Territory,"  approved  March 
13, 1885. 

(f)  "An  act  to  create  a  joint  school  township  (Waziya)  in  the 
counties  of  Griggs  and  Steele,"  approved  March  13,  1885. 

All  other  special  and  private  laws  pertaining  to  the  establish- 
ment and  management  of  schools  in  that  portion  of  the  Territory 
of  Dakota  which  now  constitutes  the  state  of  North  Dakota,  have 
expired  by  their  own  limitation,  or  otherwise. 


158  GENERAL  SCHOOL  LAWS, 


APPENDIX  B. 


STATUTES  NOT  INCLUDED  IN  SCHOOL  LAWS. 


PENALTY   FOB   FAILURE   TO   MAKE   EEPOKTS. 

.Sec.  306.  PENALTY.— Any  county,  city,  village,  civil  town- 
ship, school  township  or  school  district  officer,  who  is  required 
by  law  to  'make  an  official  report  to  any  other  county,  city,  village, 
civil  township,  school  township  or  school  district  officer,  board, 
tribunal  or  state  officer,  and  who  willfully  neglects  to  make  such 
report,  or  fails  to  perform  such  official  duties,  shall  forfeit  and 
pay  to  the  state  a  penalty  of  not  less  than  ten  nor  more  than  two 
hundred  dollars,  to  be  recovered  from  such  delinquent  officer,  or 
from  him  and  the  sureties  upon  his  official  bond,  in  a  civil  action 
to  ibe  broiught  iby  the  state's  attorney  in  any  court  of  record  hav- 
ing jurisdiction. 

Sec.  307.  EXAMINATION  OF  RECORDS.  STATE'S  AT- 
TORNEY TO  PROSECUTE.— It  shall  be  the  duty  of  the  board 
of  county  commissioners  and  the  state's  attorney  in  each  county 
to  examine  the  records  of  the  several  county  officers  at  "the  end 
of  the  officer's  term  of  office  to  see  thait  they  have  been  properly 
kept.  Any  failure  must  be  remedied  or  it  shall  become  the  duty 
of  the  state's  attorney  to  prosecute  any  such  officer  for  neglect 
as  provided  in  the  last  section.  It  shall  also  be  the  duty  of  the 
city  council,  board  of  aldermen,  village  trustees,  civil  township 
supervisors,  school  township  or  school  district  board,  as  the  case 
may  be,  to  examine  the  records  of  their  several  officers  in  a  like 
manner,  or  upon  complaint  'by  the  proper  board  the  state's  attor- 
ney shall  prosecute  as  provided  in  the  last  section. 

Sec.  308.  BLANKS  TO  P>E  FURNISHED.— It  shall  be  the  duty 
of  the  county,  city,  village,  civil  township,  school  township  or 
school  district  officers  to  provide  at  the  expense  of  the  county, 
city,  village,  civil  township,  school  township  or  school  district, 
such  'blanks  and  records  as  are  necessary  for  making  the  proper 
record  and  the  transaction  of  any  official  business  connected  with 
his  office. 


STATE  OF  NORTH  DAKOTA.  159 


FILING   BOND   OF   TREASURER. 

Sec.  34G.  BONDS  OF  TOWNSHIP  AND  SCHOOL  DISTRICT 
OFFICERS. — It  shall  be  the  duty  of  each  county  auditor  on  or 
before  the  first  day  of  March  in  each  year  to  'procure  the  proper 
blank  bonds  and  >send  them  to  the  clerk  of  each  township  and 
school  district,  and  all  such  officers  required  by  law  to  give  bonds- 
shall  procure  such  bonds  from  the  proper  clerk;  and  shall  imime- 
diately  after  the  execution  and  approval  thereof  hand  the  same 
to  the  clerk  of  the  township,  whose  duty  it  shall  be  forthwith  to 
file  such  bonds,  except  those  of  justices  of  the  peace,  with  the 
county  auditor,  and  the  county  auditor  shall  on  receipt  thereof 
examine  such  bonds  and  see  that  they  are  properly  executed  and, 
if  he  finds  that  any  bonds  are  not  executed  according  to  law,  he 
shall  note  thereon  any  errors  and  return  them  to  the  clerk  for 
correction,  and  it  is  hereby  made  the  duty  of  the  clerk  to  have 
such  bonds  corrected  forthwith  and  return  the  saime  to  the  county 
auditor.  The  county  auditor  shall  not  issue  any  order  upon  the 
county  treasurer  for  funds  or  money  belonging  to  a  civil  town- 
ship or  school  district  to  any  person  as  treasurer  of  such  town- 
ship or  school  district  until  his  bond  has  been  filed  as  in  this  sec- 
tion provided. 

BONDS. 

Sec.  2474.  BONDED  INDEBTEDNESS,  FOR  WHAT  IN- 
CURRED. LIMIT  OF. — Any  city  or  municipal  corporation  in 
this  state  may  incur  a  bonded  indebtedness  for  the  purpose  of 
erecting  public  school  buildings  and  other  buildings  for  city  pur- 
poses, purchasing  fire  apparatus;  putting  in  waterworks,  sinking 
public  wells  or  cisterns  and  'putting  in  sewers  and  improving 
streets,  which  said  indebtedness,  together  with  the  indebtedness 
which  then  exists  shall  not,  except  as  otherwise  provided,  exceed 
five  per  cent  of  the  assessed  valuation  of  the  taxable  property  in. 
such  city  or  municipal  corporation  as  shown  by  the  return  of  the 
assessor  for  the  year  next  preceding  the  time  at  which  such 
indebtedness  shall  be  incurred. 

Sec.  2475.  BONDS,  HOW  ISSUED.  ELECTION.— The  bonds- 
issued  for  the  purposes  mentioned  in  the  last  section  shall  be 
issued  by  the  city  council  or  board  of  trustees  of  any  city  or 
municipal  corporation  only  upon  a  majority  vote  of  the  qualified 
electors  of  such  city  or  municipal  corporation  voting  thereon  at 
an  election  regularly  called  for  that  purpose  and  in  accordance 
with  the  provisions  of  the  charter  of  such  city  or  municipal  cor- 
poration governing  the  issuance  and  sale  of  bonds;  provided, 
that  in  all  cities  and  municipal  corporations  where  the  charter 


160  GENERAL  SCHOOL  LAWS, 

does  not  provide  the  manner  of  calling  and  holding  an  election 
for  the  purpose  aforesaid,  a  special  election  shall  be  called  and 
Jield  as  herein  provided,  or  such  question  may  be  submitted  at 
any  annual  election.  The  city  council  or  board  of  trustees  at  any 
regular  meeting  thereof  may  decide  to  call  a  special  election  to 
vote  'bonds  for  any  of  the  purposes  stated  in  section  2474,  and 
they  shall  give  at  least  fifteen  days'  public  notice  of  such  election 
by  at  least  two  publications  thereof  in  a  weekly  newspaper  pub- 
lished therein,  or  if  there  is  no  such  newspaper  then  by  posting 
such  notice  in  five  public  places  in  such  city.  Such  notice  shall 
state  the  amount  and  denomination  of  the  bonds  to  be  voted  for, 
the  rate  of  interest  thereof,  the  purpose  for  which  such  -bonds  are 
to  'be  issued,  the  form  of  the  ballots  to  foe  used  and  the  time  and 
place  of  holding  such  election.  The  judges  and  clerks  shall  be 
appointed  and  the  election  shall  be  conducted  as  provided  by  the 
charter  of  said  city  for  conducting  annual  elections,  and  the  re- 
turns shall  be  canvassed  and  in  like  manner  returned.  This 
article  shall  not  be  construed  to  limit  or  restrict  the  powers  al- 
ready conferred  by  any  special  charter  upon  the  council  of  any 
city  or  municipal  corporation.  The  bonds  voted  as  provided 
for  in  this  article  shall  'be  sold  at  not  less  than  par  value. 

Sec.  2483.  BONDS  MAY  BE  REFUNDED.— All  bonds  here- 
tofore issued  by  any  city  or  by  or  under  the  authority  of  the  board 
of  education  of  any  city  in  this  state  for  school  or  school  house 
purposes  may  be  refunded  in  the  discretion  of  said  board  in  the 
manner  hereinafter  provided,  whenever  there  is  not  sufficient 
money  in  the  treasury  of  such  city  applicable  thereto,  to  pay  such 
bonds. 

Sec.  2484.  DENOMINATION  OF  BONDS.— Said  bonds  shall 
be  in  in  denominations  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  shall  be  numbered  consecutively  from 
one  upward,  shall  bear  the  date  of  their  issue,  shall  be  made  pay- 
able to  the  purchaser  or  bearer,  shall  'be  payable  ten  years  from 
date,  and  shall  bear  interest  at  a  rate  not  exceeding  seven  per 
•cent  per  annum  payable  annually,  with  interest  coupons  attached, 
and  principal  and  interest  shall  be  made  payable  at  such  place 
as  may  be  designated  by  the  board  of  education.  The  bonds  and 
-each  coupon  shall  be  signed  by  the  mayor  and  attested  by  the 
city  clerk  or  auditor  under  the  seal  of  the  city.  Said  bonds  shall 
be  -printed,  engraved  or  lithographed  on  bond  paper,  and  a  duly 
authenticated  copy  of  this  article  shall  be  printed  on  the  back 
of  each  bond. 

Sec.  2486.  BONDS,  HOW  EXECUTED.— The  refunding  of  in- 
'd^btedness  and  the  issuance  of  bonds  provided  in  this  article 
;shall  be  under  the  control  and  direction  of  the  board  of  education, 


STATE  OF  NORTH  DAKOTA. 


and  a  •  resolution  of  said  board  directing  the  execution  of  such 
bonds  and  specifying  the  number  and  amount  of  each  bond  shall 
authorize  and  require  the  mayor  and  city  clerk  or  auditor  to 
execute  the"  same  in  the  manner  herein  provided,  and  deliver  the 
bonds  so  executed  to  the  board  of  education  who  shall  provide 
for  the  sale  and  negotiation  thereof  or  for  the  exchange  of  said 
bonds  for  outstanding  bonds  authorized  to  be  refunded  under 
this  article,  as  they  may  deem  best;  provided,  that  such  refunding 
'bonds  shall  not  be  sold  or  exchanged  at  less  than  par  value. 
Both  principal  and  interest  of  said  bonds  shall  be  paid  by  the 
city  treasurer  by  warrants  drawn  upon  the  funds  created  there- 
for and  issued  under  the  direction  of  the  board  o<f  education.  A 
duly  certified  copy  of  the  resolution  of  the  board  of  education 
authorizing  and  directing  the  execution  of  such  bonds  by  the 
mayor  and  city  clerk  or  auditor  shall  be  printed  on  the  back  of 
each  bond.  A  register  of  all  bonds  so  executed  shall  be  made 
Iby  the  city  clerk  or  auditor  and  kept  in  his  office  as  a  public 
record,  showing  the  number,  date,  amount,  interest,  name  of 
payee  and  when  and  where  payable,  of  each  and  all  bonds  exe- 
cuted under  the  provisions  of  this  article.  And  after  such  out- 
standing bonds  shall  have  been  so  refunded  the  same  shall  be 
placed  in  the  hands  of  the  city  clerk  or  auditor  after  having  had 
first  marked  across  the  face  thereof  in  red  ink  the  words  "re- 
funded bond;"  and  the  city  clerk  or  auditor  shall  thereupon  make 
a  record  of  each  bond  in  the  same  manner  provided  herein  for 
bonds  issued  under  this  article  and  at  the  next  regular  meeting 
of  the  city  council  shall  cancel  and  burn  said  bonds  in  the  pres* 
ence  of  the  city  council  and  make  a  record  of  such  action  in  the 
proceedings  of  the  council. 

Sec.  2487.  INTEREST  FUND.—  Any  city,  town  or  village  in 
this  state  having  not  less  than  three  thousand  inhabitants  is 
authorized  and  empowered  through  .its  proper  officers  to  levy  and 
collect  taxes  not  exceeding  twelve  mills  on  the  dollar  of  the 
assessed  valuation  of  said  city,  town  or  village,  for  the  purpose 
of  creating  an  interest  fund  with  which  to  pay  interest  upon  the 
existing  bonded  indebtedness  of  such  municipality,  including 
bonds,  if  any,  issued  under  the  direction  of  the  respective  boards 
of  education  therein.  If  any  officer  of  such  municipality  shall 
use  the  moneys  collected  by  virtue  of  this  section  for  any  other 
purpose  than  that  expressed  herein,  he  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars  or  impris- 
oned in  the  county  jail  not  less  than  thirty  days  nor  more  than 
one  year. 

•Sec.  2488.  SINKING  FUND.—  They  may  also  levy  and  collect 
taxes  not  exceeding  four  mills  on  the  dollar  for  the  purpose  of 


162  GENERAL  SCHOOL  LAWS, 

creating  a  sinking  fund  to  pay  the  bonds  of  the  municipality  as 
the  same  may 'mature;  and  the  proper  officers  of  the  municipality 
may  invest  the  money  in  said  fund  in  interest  bearing  securities 
of  the  state  or  of  any  organized  county  therein  or  of  the  munici- 
pality, and  shall  in  no  other  manner  dispo-se  of  the  money  in  said 
fund,  and  if  any  officer  O'f  such  municipalities  shall  use  the  money 
in  said  fund  in  any  other  manner  than  as  provided  in  this  section 
he  shall  be  guilty  of  a  misdemeanor. 

BONDS   FOE   LABOR   AND    MATERIAL    FOR    PUBLIC   BUILDINGS. 

Sec.  4802.  BONDS  FROM  CONTRACTORS  ON  PUBLIC  IM- 
PROVEMENTS.—Whenever  any  public  officer  shall,  under  the 
laws  of  this  state,  enter  into  contract  in  any  sum  exceeding  one 
hundred  dollars,  with  any  person  for  making  any  paiblic  improve- 
ments, or  for  constructing  any  public  building,  or  making  re- 
pairs ,pn  the  same,  such  officer  shall  take  from  the  party  con- 
tracted with  a  bond,  conditioned  to  the  effect  that  such  co:i< 
tractor  shall  pay  all  indebtedness  incurred  for  labor  or  material 
furnished  in  the  construction  or  repair  of  such  public  building 
or  in  making  such  public  improvements. 

Sec.  4803.  HOW  BOND  EXECUTED.— Such  bond  shall  run 
to  the  <state  of  North  Dakota,  shall  be  executed  by  two  or  more 
sureties  and  shall  be  for  an  amount  at  least  equal  to  the  price 
stated  in  the  contract.  It  shall  be  approved  by  the  clerk  of  the 
district  court  of  the  county  in  which  such  building  is  to  be  con- 
structed or  such  public  improvement  is  to  be  made  and  the  sure- 
ties thereon  shall  qualify  in  a  sum  equal  to  double  the  amount 
specified  in  the  bond. 

•Sec.  4804.  WHERE  BOND  FILED.  RECOVERY  ON.— Such 
bond  shall  be  filed  in  the  office  of  the  clerk  of  the  district  court 
of  the  county  in  which  such  public  improvement  is  to  be  made  or 
such  public  building  is  to  be  erected;  and1  any  person  to  whom 
there  is  due  any  sum  for  labor  or  material  furnished,  as  stated 
in  section  4802,  or  his  assigns,  may  bring  an  action  on  the  bond 
for  the  recovery  of  such  indebtedness;  provided,  that  no  action 
shall  be  brought  on  such  bond  unless  commenced  within  one  year 
from  the  completion  oif  such  public  improvements,  repairs  or 
buildings. 

SPECULATION   IN   OFFICE   PROHIBITED. 

iSec.  7632.  UNLAWFUL  PURCHASES  BY  SCHOOL  DIS- 
TRICT OFFICERS.  —  Every  person  who  while  an  officer  of  any 
school  district  or  corporation,  or  deputy  or  clerk  of  smch  officer, 
directly  or  indirectly,  buys  or  traffics  in  or  in  anywise  becomes  a 


STATE  OF  NORTH  DAKOTA.  163 

party  to  the  purchase  of  any  school  warrant,  order  or  scrip,  or 
any  bill,  account,  claim  or  evidence  of  indebtedness  against  his 
school  district  or  corporation,  for  any  sum  less' than  the  full  face 
value  thereof,  is  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  is  punishable  by  a  fine  of  not  less  than  fifty  and  not  ex- 
ceeding five  hundred  dollars. 


APPENDIX  C. 


DIGEST  OF  DECISIONS  OF  SUPREME  COURT. 

SCHOOL  DISTBICTS-POWERS. 

Laws  Dak.  1870,  Chap.  14,  Sec.  29,  Subd.  4,  provides  that  the  in- 
habitants qualified  to  vote  at  a  school  district  meeting  may  vote 
for  a  site  for  a  school  house.  By  subdivision  5,  they  may  vote  a 
tax  to  purchase  or  lease  such  site.  By  section  50,  it  is  -made  the 
duty  of  the  district  board  "to  purchase  or  lease  such1  site  for  a 
school  house  as  shall  have  been  designated  by  the  voters  at  a  dis- 
trict meeting;"  and  to  build  such  a  school  house  as  the  voters  of 
the  district  shall  have  agreed  upon.  Held,  that  the  power  to 
acquire  a  site  for  a  school  house  is  vested  exclusively  in  the  voters 
of  the  district,  and  the  board  have  no  independent  authority 
whatever. 

Farmers'  and  Merchants'  National  Bank  of  Valley  City,  vs.  School 
District  No.  53,  Barnes  County,  42  N.  W.,  767. 

The  statute  restricts  the  amount  of  obligations  a  school  district 
may  incur  in  any  one  year  to  li  per  cent  on  the  value  of  the  tax- 
able property  in  the  district.  Held,  that  warrants  payable  im- 
mediately, for  sums  exceeding  such  percentage,  are  invalid.  Id. 

The  district  may  plead  ultra  vires  to  an  action  on  warrants 
issued  for  the  purchase  of  a  school  site  'by  the  district  board  with- 
out authority.  Id. 

SCHOOL  AND  SCHOOL  DISTKICTS— TAXATION-CONTRACTS. 

Laws  Dak.  1879,  Chap.  14,  Sec.  29,  Subd.  5,  provides  that  school 
districts  may  vote  annually  a  tax  of  1  per  cent  on  the  taxable 
property  of  the  districts  to  purchase  or  lease  a  site  for  a  school 
Tiouise.  Subdivision  8  provides  that  school  districts  may  vote  a 
tax  as  may  be  necessary,  not  exceeding  one-half  per  cent  in  any 


164  GENERAL  SCHOOL  LAWS, 

one  year,  to  furnish  the  school  with  furniture  and  apparatus.  A 
school  board  issued  orders  in  excess  of  1  1-2  per  cent  of  the  tax- 
able property  in  the  district,  on  which  they  obtained  money, 
which  was  used  in  purchasing  a  site  and  building,  and  furnish- 
ing a  school  house;  and,  on  completing  the  school  house  two  years 
thereafter,  reported  such  orders,  showing  that  they  amounted  to 
less  than  1  1-2  per  cent  tax  for  each  of  the  two  years  would  have 
produced,  and  the  district  accepted  and  occupied  the  school 
house,  and  approved  the  report.  Held,  that  the  district  had 
power  to  issue  the  orders,  and  had  ratified  the  action  of  the  board 
in  issuing  them,  and  was  bound  thereby. 

Capital  Bank  of  St.  Paul  vs.  School  District  No.  85,  Cass  County, 
42  N.  W.,  774. 

SCHOOL  AND  SCHOOL  DISTRICTS-INCORPORATION-BONDS-ESTOPPEL. 

Pol.  Code  Dak.  1877,  Chap.  40,  Sec.  10,  provides  that  "it  shall 
be  the  duty  of  the  county  superintendent  of  schools 
to  divide  his  county  into  school  districts,  subdivide  and  rearrange 
the  boundaries  of  the  same,  when  petitioned  by  a  majority  of  the 
citizens  residing  in  the  district  or  districts  to  be  affected  by  said 
change  and  to  furnish  the  county  commissioners 
with  a  written  description  of  the  boundaries  of  each  district, 
which  description  must  be  filed  in  the  register  of  deed's'  office 
before  such  district  shall  be  entitled  to  proceed  with  its  organi- 
zation." Held,  that  a  petition  by  a  majority  of  the  citizens  of 
the  districts  affected  is  a  condition  precedent  to  the  incorpora- 
tion by  the  superintendent  of  a  new  district. 

Dartmouth  Sav.  Bank  vs.  School  Dists.  Nos.  6  and  31,  Minnehaha 
County,  43  N.  W.,  822. 

In  an  action  on  a  bond  issued  by  a  district  formed  without  such 
petition  against  districts  which  are  its  successors,  defendants 
are  not  estopped  to  deny  that  district's  incorporation  by  showing 
failure  to  present  the  petition.  Id. 

SCHOOL  DISTRICTS— TEACHER'S  SALARY— WARRANTS. 

Every  contract  relating  to  the  employment  of  a  teacher  who 
does  not  hold  a  lawful  certificate  of  qualification  is  void  by  the 
express  terms  of  the  statute,  and  every  warrant  issued  in  pay- 
ment of  services  of  such  teacher  is  without  consideration  and 
void. 

Goose  River  Bank  vs.  Willow  Lake  School  Twp.,  Steele  County, 
44  N.  W.,  1002. 


STATE  OF  NORTH  DAKOTA.  165 

School  township  warrants  are  not  negotiable  instruments,  in 
the  sense  that  their  negotiations  will  cut  off  defenses  to  them 
existing  against  them  in  the  hands  of  the  payee.  Id. 

The  officers  of  a  school  township  cannot  estop  the  township  by 
a  representation,  express  or  implied,  that  the  facts  to  authorize 
the  issiue  of  a  lawful  warrant  exist.  Id. 

Where  a  contract  is  expressly  prohibited  or  declared  void  by 
statute,  retention  of  the  fruits  of  such  contract  will  not  subject  a 
municipality  to  liability  under  the  contract  or  on  a  quantum 
meruit.  Id. 

A  person  who  assists  a  public  officer  in  depriving  the  public  of 
the  benefits  of  a  statutory  protection  designed  to  guard  the  peo- 
ple against  unfit  and  incompetent  teachers  has  no  standing  in 
court,  and  his  assignee  will  receive  no  greater  consideration.  Id. 
Coler  et  al.  vs.  Dwight  School  Twp.,  of  Bichland  County.^  (Su- 
preme Court  of  North  Dakota,  April  25,  1893.) 

SCHOOL  TOWNSHIP— ESTOPPEL-EXISTENCE  OF  DISTRICT. 

1.  (The  county  superintendent  of  schools,  under  chapter  14, 
laws  of  1879,  organized  a  school  district.      School  district  officers 
were  elected,  and  exercised  the  functions  of  their  respective  offi- 
ces; teachers  were   employed    by   the   district,    and  school  was 
taught  therein,  and  a  school  meeting  was  held  in  the  district  to 
vote  upon  the  question  of  issuing  bonds  to  build  a  school  house. 
Such  ibonds  were  thereafter  issued.      In  an  action  upon  some  of 
the  interest  coupons  of  such  bonds;  Held,  that  the  district  was 
a  defacto  municipal  corporation,  and  that  therefore  the  defense 
could  not  be  interposed  that  the  bonds  were  void  on  the  ground 
that  the  district  had  no  legal  existence  because  of  a  failure  to 
comply  with  provisions  of  the  statute  regulating  the  organization 
of  such  districts  in  matters  which  went  to  the  jurisdiction  of  the 
county  superintendent  to  organize  the  district. 

2.  Municipal  corporations  are  estopped,  as  against  bona  fide 
holders  of  municipal  -bonds,  from  setting  up  as  a  defense  to  an 
action  thereon  that  all  the  preliminary  steps  necessary  to  author- 
ize the  issue  of-  the  bonds  were  not  taken,  when  the  officers  wrho 
have  charge  of  the  issue  of  such  bonds  are  especially  or  impliedly 
authorized  to  determine  whether  all  the  conditions  precedent  to 
the  issue  of  valid  bonds  have  been  complied  with,  and  recite  in 
the  .bonds  so  issued  that  they  have  been  complied  with.      It  is 
not  necessary  to  estop  the  corporation  that  this  statement  should 
set  forth  in  detail  that  all  the  preliminary  steps  have  been  taken. 
It  is  sufficient  that  it  declare  that  the  bonds  are  issued  in  pursu- 
ance of  a  certain  statute,  specifying  it.      Neither  is  it  essential 


166  GENERAL  SCHOOL  LAWS, 

that  the  officers  issuing  the  bonds  should  be  expressly  authorized 
to  determine  such  questions. 

It  is  sufficient  if  they  are  given  full  control  in  the  matter. 

3.  A  school  township  organized  under  chapter  44,  laws  of 
1883,  becomes,  immediately  upon  such  organization,  liable  for 
debts  of  a  district,  the  school  house  and  furniture  of  which  be- 
come the  property  of  the  school  township.  This  liability  is  com- 
plete, and  does  not  depend  upon  the  settlement  of  equities  be- 
tween several  districts  included  in  the  new  school  township,  un- 
der sections  136-138,  c.  44,  laws  1883. 

(Syllabus  by  the  Court.) 
Prairie  School  Dist.  vs.  Haseleu  et  al. 

(Supreme  Court  of  North  Dakota,  July  6,  1893.) 

SCHOOL  DISTRICTS— POWERS  OF   OFFICERS-LOSS   OF  FUNDS— LIABILITY  OF 

TREASURER  ON  OFFICIAL  BOND-PAROL  EVIDENCE-HARMLESS  ERROR. 

* 

'1.  Chapters.  4445,  Session  Laws  Dak.  Ter.  1883,  relating  to 
school  townships  and  school  house  bonds,  considered.  Held, 
that  the  school  board  (consisting  of  the  treasurer,  clerk  and 
director)  is  the  official  governing  board  of  such  school  township, 
and  'such  ;board  has  full  power  and  authority  to  issue,  negotiate 
and  sell  such  bonds  of  the  school  township  as  have  been  duly 
voted  by  the  electors  for  the  purpose  of  building  a  school  house. 
Held,  further,  that  the  school  township  treasurer,  acting  inde- 
pendently, has  no  authority  under  the  law  and  by  virtue  of  his 
office  as  treasurer,  to  issue,  negotiate  or  sell  such  bonds. 

2.  Where  the  school  board  of  the  plaintiff,  consisting  of  the 
treasurer,  clerk  and  director,  issued  certain  school  house  bonds, 
which  had  been  regularly  voted  by  the  electors,  and  in  doing  so 
delivered  such  bonds  to  a  bank  to  be  negotiated  and  sold  for  Ihe 
benefit  of  the  school  towTnship,  and  the  bonds  were  sold  and  put 
in  circulation,  but  the  proceeds  were  never  turned  over  to  the 
school  township,  'but,  on  the  contrary,  were  lost  to  the  school 
township.      Held,  that  the  school  board  was  wholly  responsible 
for  such  loss.      Held,  further,  that  such  bonds  not  having  been 
delivered  to  the  treasiurer  for  negotiation  and  sale,  and  he  never 
having  sold  or  attempted  to  sell  the  same,  an  action  will  not  lie 
against  the;  treasurer  or  his  sureties  on  his  official  bond  for  a 
(breach  of  the  condition  of  such  bond,  which  requires  the  treas- 
urer to  account  for  and  pay  over  all  moneys  and  property  which 
shall  come  into  his  hands  as  treasurer. 

3.  The  obligations  of  sureties  upon  official  bonds  are  meas- 
ured by  the  language  of  the  bond,  and  where  the  condition  of  a 
'bond  embodies  the  provision  of  the  statute,  and  ho  more,  the  obli- 


STATE  OF  NORTH  DAKOTA.  167 

gation  cannot  ibe  expanded  by  construction  beyond  the  fair  im- 
port of  the  language  in  which  the  sureties  have  consented  to  be 
bound. 

4.  When  the  bonds  were  delivered  by  the  board  at  the  bank 
for  negotiation  and  sale,  all  members  of  the  board  were  at  the 
bank,~and  acting  in  concert.      At  the  time  the  cashier  of  the 
bank  delivered  to  the  treasurer  a  writing  as  follows:     "$1,000. 
Grand  Rapids,  Dakota,  September  28th,  1883.     Received  of  Wil- 
liam Haseleu,  Treasurer  Prairie  School  Town-ship,  one  thousand 
dollars  in  bonds  of  Prairie  Township,  LaMoaire  Co.,  D.  T.,  for 
placing  and  Or.      A.  H.  Huelster,  Cashier  Bank  of  Grand  Rapids." 
Held,  that  such  writing  embodied  both  a  receipt  and  a  contract, 
and  that  as  such  its  terms  could  be  varied  and  explained  by  parol 
evidence,  but  only  as  to  that  part  which  is  a  mere  receipt. 

5.  Where  it  appears  that  upon  the  uncontroverted  facts  the 
plaintiff  cannot  recover  in  the  action,  a.  verdict  and  judgment  for 
defendants  will  not  be  disturbed  'by  this  court  even  when  the 
records    show    errors   in    procedure.      Such  errors    are  without 
prejudice. 

(Syllabus  by  the  Court.) 

Gull  River  Lumiber  Company,  Plaintiff  and  Respondent,  vs.  School 
District  No.  39,  Barnes  County,  D.  T.,  Defendant  and  Appel- 
lant. 

1.    PRACTICE-FINDINGS  OF  FACT. 

When  the  trial  court  determines  the  issue  of  fact  without  a 
jury,  the  requirement  of  the  statute  as  to  findings  is  mandatory, 
and  not  directory.  In  such  cases  it  is  the  duty  of  the  trial  court 
without  request  to  make  express  findings  of  the  ultimate  facts 
which  are  material  and  arise  upon  the  pleadings.  Accordingly 
when  the  district  court,  in  such  case,  made  no  express  findings 
of  the  ultimate  facts  which  were  in  issue,  but  instead  of  doing  so 
adopted  certain  documentary  evidence,  and  a  certain  stipulation 
of  facts,  as  its  findings  of  facts,  and  from  such  findings  drew  cer- 
tain legal  conclusions,  upon  which  judgment  was  entered.  Held. 
reversible  error. 

2.    CAPITAL  BANK  VS.  SCHOOL  DISTRICT  FOLLOWED. 

Merits  of  this  case  same  as  decided  at  present  term  of  court,  i. 
e.  Capital  Bank  of  St.  Paul  vs.  School  District  No.  53. 

Gull  River  Lumber  Company  vs.  School  District  No.  30,  of  Barnes 
Countv. 


168  GENERAL  SCHOOL  LAWS, 


1.     TRANSFER  OF  CAUSES   UNDER  THE   OMNIBUS   BILL. 

Respondent,  after  admission  of  North  Dakota  into  the  Federal 
Union,  argued  the  appeal  in  this  case  in  the  supreme  court  of  the 
state,  applied  for  a  rehearing  after  defeat,  and  after  securing  a 
rehearing  applied  for  and  Obtained  a  continuance.  Held,  that  he 
could  not  thereafter  obtain  a  transfer  of  the  case  to  the  federal 
court  on  the  ground  of  diverse  citizenship,  under  the  provisions 
of  the  enabling  act. 

(Opinion  filed  Feb.  2,  1891.) 

Capital  Bank  of  St.  Paul,  Plaintiff,  Appellant  vs.  School  District 
No.  53,  Barnes  County,  D.  T.,  Defendants  and  Respondent. 

1.     SCHOOL   DISTRICT— CONTRACT    ULTRA  VIRES— RATIFICATION. 

A  contract  authorized  toy  the  inhabitants  of  a  school  district 
at  a  district  meeting,  to  build  a  school  house  for  an  amount  in 
excess  of  funds  on  hand  or  subject  to  collection  for  that  purpose, 
and  the  amount  that  could  be  realized  from  the  maximum  tax 
which  could  be  levied  by  the  inhabitants  for  the  current  year  and 
used  for  that  purpose,  is  void.  Therefore,  Held,  that  such  a  con- 
tract, void  because  the  district  board  had  no  authority  to  make 
it,  could  not  be  made  binding  upon  the  district  by  subsequent  rat- 
ification by  the  inhabitants.  Whether  there  was  sufficient  evi- 
dence of  such  ratification  not  decided. 

2.     SAME— RECEIPT  OF  FRUITS  OF  CONTRACT  CREATES  NO   LIABILITY 

Such  contract  being  implied  prohibited  by  statute,  the  receipt 
•by  the  district  of  the  fruits  thereof  creates  no  liability  either 
under  the  contract  or  for  the  value  received. 

3.     SAME— WARRANT    CREATES    NO    LIABILITY. 

A  warrant  creates  no  greater  liability  than  the  debt  it  repre- 
sents, whether  in  the  hands  of  the  original  party  or  of  a  purchaser 
'before  maturity  and  for  value. 

(Opinion  filed  Nov.  29,  1890.) 
Goose  River  Bank  vs.  Gilmore  et  al. 

(Supreme  Court  of  North  Dakota,  Jan.  25,  1893.) 

APPEAL  FROM  ORDER  DENYING  NEW  TRIAL— RECORD. 

1.  When  an  appeal  is  taken  from  an  order  denying  a  new 
trial,  and  the  'motion  for  a  new  trial  was  heard  in  part  upon  cer- 
tain papers  and  documents,  which,  on  appeal  to  this  court,  have 
been  properly  identified  by  the  judge  and  certified  by  the  clerk 
of  district  court,  a  motion  to  purge  the  record  of  such  papers  and 


STATE  OF  NORTH  DAKOTA.  169 

documents  for  the  reason  that  the  same  are  not  authenticated 
by  any  bill  or  statement,  cannot  be  sustained.  Under  section  5, 
chapter  120,  laws  1891,  no  bill  or  statement  is  required  to  bring 
such  papers  and  documents  before  the  court. 

2.  The  stenographer's  transcript  of  the  proceedings  had  at  the 
trial,  and  used  on  a  motion  for  a  new  trial  for  the  purpose  of 
showing  errors  of  law  occurring  at  the  trial,  does  not  constitute 
an  authenticated  record  and  before  this  court  can  review  errors 
occurring  at  the  trial  the  proceedings  must  be  brought  upon  the 
record  by  a  bill  of  exceptions  or  statement  of  the  case. 

3.  An  affidavit  used  upon  a  motion  for  a  new  trial,  which 
states  that  certain  evidence  could  and  would  be  offered  if  a  new 
trial  should  be  granted,  is  entirely  insufficient  unless  it  also  states 
that  such  evidence  is  newly  discovered,  or  furnishes  some  excuse 
lor  not  introducing  it  on  the  former  trial. 

(Syllabus  by  the  Court.) 

People's  Bank  of  St.  Paul  vs.  School  District  No.  52. 
(Supreme  Court  of  North  Dakota,  December  16,  1893.) 

SCHOOL  DISTRICT   BONDS — STRICT   COMPLIANCE   WITH   STATUTE. 

Where  a  statute  authorized  the  issue  of  municipal  bonds  pay- 
able in  not  less  than  ten  years  from  date,  bonds  issued  there- 
under, payable  in  eleven  days  less  than  ten  years  from  date  are 
Toid,  even  in  the  hands  of  a  bona  fide  purchaser. 

INDEPENDENT    LIABILITY   OP    DISTRICT. 

The  invalidity  of  such  bonds  does  not  affect  the  liability,  if 
-any,  of  the  municipality,  independently  of  the  bonds. 

BONA  FIDE  PURCHASERS— NOTICE   OF   LAW. 

It  is  elementary  that  even  bona  fide  purchasers  of  negotiable 
municipal  securities  are  charged    with    knowledge    of    all    the 
requirements    of    the    statute    under  which  the  securities  were 
issued. 
Benjamin  W.  Hosmer  vs.  Sheldon  School  District  No.  2. 

(Supreme  Court  of  North  Dakota,  July  23,  1S94.) 

SCHOOL   DISTRICT— TEACHER'S   CERTIFICATE— VOID;  EMPLOYMENT. 

A  contract  duly  executed  between  the  proper  officers  of  a  school 
•district  and  another  person,  by  the  terms  of  which  said  person  is 
•employed  as  a  teacher  in  a  public  school  in  said  district,  is  void 
where  such  person,  at  the  time  of  making  the  contract,  holds  no 
certificate  of  authority  to  teach  in  the  county  where  the  district 
is  located. 


170  GENERAL  SCHOOL  LAWS, 


CERTIFICATE   WILL   NOT   RELATE    BACK. 

The  subsequent  procurement  of  such  certificate  will  not  enable 
such  person  to    recover    against    the    district    damages  for  the 
breach  of  such  contract. 
Samuel  D.  Flagg  vs.  School  District  No.  70. 

(Supreme  Court  of  North  Dakota,  March  19,  1894.) 

MUNICIPAL    BONDS — PROVISION    FOR    EXCHANGE    DESTROYS    NEGO- 
TIABILITY. 

An  instrument  providing  for  the  payment  of  exchange  on  a 
point  other  than  the  place  of  payment,  in  addition  to  principal 
and  interest,  is  not  a  negotiable  instrument;  and  one  who  pur- 
chases the  same  'before  maturity  for  value,  and  without  notice 
of  any  defense  thereto,  nevertheless  takes  it  subject  to  the  defense 
of  want  of  consideration  good  as  between  the  original  parties  to 
the  instrument. 

CERTIFICATE    OF   PROPER   OFFICER— EVIDENCE    OF  VALIDITY. 

Defendant  was  authorized  to  issue  bonds  to  fund  its  outstand- 
ing indebtedness  in  case  certain  statutory  prerequisites  were 
complied  with.  A  record  of  the  proceedings  culminating  in  the 
decision  to  issue  bonds  was  to  be  made  in  the  district,  and  a 
certified  copy  thereof  was  to  be  filed  with  the  county  clerk,  and 
preserved  as  a  record  in  his  office.  It  was  made  the  duty  of  the 
county  clerk  to  examine  such  record  in  his  office,  and  if  satisfied, 
from  such  examination,  that  all  the  requisites  of  the  act  with 
respect  to  the  preliminary  proceedings  had  been  complied  with, 
and  that  the  bonds  were  authorized  to  toe  issued,  as  provided  for 
in  the  act,  he  was  to  register  the  bonds,  and  indorse  upon  each  of 
them  his  certificate  in  the  form  prescribed  in  the  statute.  '  The 
bonds  in  question  were  so  registered  and  certified.  Held,  that  a 
purchaser  of  such  bonds,  for  value,  before  maturity,  and  without 
notice  that  any  of  the  conditions  of  the  statute  relating  to  pro- 
ceedings to  authorize  the  issue  of  the  bonds  had  not  been  com- 
plied with,  could  rely  upon  the  certificate  of  the  county  clerk  ais 
finally  settling  all  such  matters,  and  that  the  coiurt  below  did  not 
err  in  rejecting  defendant's  offer  to  prove  that  such  conditions 
had  not  been  complied  with. 

BONDS    REGISTERED    ANP    CERTIFIED    AS    LEGAL   UNDER    STATUTE 

NOT  OPEN  TO  QUESTION  IN  HANDS  OF  BONA  FIDE 

PURCHASERS. 

By  an  amendment  to  the  act,  it  was  provided  that  no  district, 
in  which  the  title  to  the  school  site  was  not  in  the  school  board, 


STATE   OF  NORTH  DAKOTA.  171 

should  bond  its  debt  until  it  had  obtained  such  title.  But  it  wais 
declared  in  such  amendment  that,  after  the  bonds  had  been  regis- 
tered and  certified,  their  validity  should  not  be  questioned  in  any 
tribunal,  but  should  be  and  remain  valid  and  binding.  Held, 
that  this  provision  made  it  the  duty  of  the  county  clerk  to  pass 
upon  this  question  of  title  before  registering  and  certifying  the 
bonds,  and  that,  therefore,  his  decision,  evidenced  'by  registering 
and  certifying  the  bonds,  that  such  condition  as  to  title  to  the 
school  site  had  been  complied  with,  was  final  on  the  point,  as 
against  the  district,  in  favor  of  one  who  purchased  the  bonds  in: 
good  faith,  for  value,  without  notice  that  this  condition  had  not 
been  complied  with. 

RECITALS    IN    NON-NEGOTIABLE    BONDS. 

The  right  of  a  bona  fide  purchaser  of  municipal  'bonds  to  rely 
upon  a  recital  or  certificate  as  to  facts  which  the  person  making 
the  same  had  authority  to  determine,  does  not  depend  upon  the 
bond  being  a  negotiable  instrument.  It  exists  in  the  case  of  a 
bona  fide  purchaser  of  a  non-negotiable  -bond  as  well. 

WANT  OF  CONSIDERATION  CANNOT  BE  SHOWN  AGAINST  A  BONA  FIDE 

PURCHASER. 

The  statute  declared  that  a  committee  should  audit  the  claims 
against  the  district,  and  determine  the  amount  of  indebtedness 
to  be  funded.  Held,  that  the  auditing  by  the  committee  of 
claims  against  the  district,  and  the  vote  of  the  district  to  bond 
to  pay  such  bonds,  as  against  a.  bona  fide  purchaser  of  such 
bonds;  that  an  inquiry  as  to  the  validity  of  such  claims  as  a  con- 
sideration for  such  bonds,  as  against  a  bona  fide  purchaser  of 
such  bonds,  that,  as  against  such  purchaser,  the  district  could 
not  'Show,  to  prove  a  want  of  consideration  between  the  original 
parties,  that  the  bonds  were  in  fact  paid  for  by  the  one  to  whom 
they  were  originally  issued  by  the  district,  'by  the  surrender  of 
void  claims  held  by  him  against  the  district,  provided  such  claims 
had  in  fact  been  audited  and  canceled,  and  bonds  voted  and  issued 
under  the  provision's  of  the  statute. 

/Samuel  D.  Flagg  vs.  School  District  No.  70,  Barnes  County. 
.  (Supreme  Court  of  North  Dakota,  October  28,  1895.) 

ACTION  ON  SCHOOL  BONDS— EVIDENCE  OF  WANT  OF  CONSIDERATION. 

Under  the  decision  of  the  court  on  the  former  appeal  in  this 
case  (58  N.  W.  490,  N.*D.  30)  it  was  held  that  the  defendant  could 
show  a  want  of  consideration  for  the  bonds  sued  on  by  proving 
that  defendant  received  neither  cash  nor  audited  and  canceled 


172  GENERAL  SCHOOL  LAWS, 

warrants  ais  a  consideration  for  them.      For  error  in  refusing  to 
allow  such  proof  the  judgment  is  reversed. 

(Supreme  Court  of  North  Dakota,  May  27,  1897.) 

SPECIAL  DISTRICT— EQUALIZATION    OF   INDEBTEDNESS. 

Where  a  school  district  is  divided,  by  the  organization  of  a 
city  or  incorporated  town  or  village  situated  within  said  district, 
into  a  special  school  district,  under  the  provisions  of  chapter  62 
of  the  laws  of  1890,  the  (board  of  arbitration  provided  for  by  said 
chapter  to  equalize  the  interests  of  said  districts  must  take  into 
consideration  the  school  building  owned  iby  the  original  district 
and  adjust  the  rights  of  the  respective  districts  concerning  the 
same. 
Coler  et  aJ  vis.  Coppin  et  al. 

(Supreme  Court  of  North  Dakota,  May  10,  1898.) 

SCHOOL  TOWNSHIP— ENFORCEMENT  OF  JUDGMENT. 

1.  When  a  judgment  is  obtained  against  a  school  township 
organized  under  chapter  44  of  the  laws  of  1883,  on  an  indebted- 
ness of  a  school  district  for  whose  indebtedness  such  school  town- 
ship became  liaible  under  section  144  of  such  statute,  the  judg- 
ment creditor  may  proceed  to  enforce  such  judgment,  the  same 
as  any  other  judgment  against  such  school  township. 


APPENDIX  D. 


NOTES   AND  REFERENCES. 

Note  1.  Section  343  fixes  the  bond  of  the  superintendent  of 
public  instruction  at  $5,000. 

Note  2.  Section  343  fixes  the  bond  of  the  county  superin- 
tendent at  |500. 

Note  3.  Article  9  provides  for  the  filling  of  vacancies.  Sec- 
tion 359  provides  when  vacancies  occur. 

Sec.  359.  VACANCIES,  HOW  CAUSED.— Every  office  shall 
"become  vacant  on  the  happening  of  either  of  the  following 
•events : 

1.  Death  of  the  incumbent. 

2.  His  insanity  judicially  determined. 

3.  His  resignation. 


STATE  OF  NORTH  DAKOTA. 


4.  His  removal  from  office. 

5.  His  failure  to  discharge  the  duties  of  his  office,  when  such 
failure  has  continued  for  sixty  consecutive  days,  except  when  pre- 
vented from  discharging  such  duties  by  sickness  or  other  unavoid- 
able cause. 

6.  His  failure  to  qualify  as  provided  by  law. 

7.  His  ceasing  to  be  a  resident  of  the  state,  district,  county 
or  township  in  which  the  duties  of  his  office  are  to  be  discharged,, 
or  for  which  he  may  have  been  elected. 

8.  His  conviction  of  a  felony  or  of  any  offense  involving  moral 
turpitude  or  a  violation  of  his  official  oath. 

9.  His  ceasing  to  possess  any  of  the  qualifications  of  office 
prescribed  by  law. 

10.  The  decision  of  a  competent   tribunal  declaring  void  his 
election  or  appointment. 

See  also  section  730  of  article  9. 

Temporary  absence  from  the  district  for  which  the  officer  is 
chosen  does  not  work  a  forfeiture  of  the  office.  The  failure  to 
elect  a  successor  in  office  does  not  create  a  vacancy. 

Note  4.  Section  645  does  not  confer  upon  the  county  superin- 
tendent authority  to  take  acknowledgments. 

Note  5.  COUNTY  SUPERINTENDENT,  SALARY  OF.— In 
determining  the  salary  of  county  superintendent  that  officer  is 
entitled  to  include  schools  in  special  and  independent  districts. 
A  county  superintendent  becomes  personally  responsible  for  the 
accounting  from  such  districts  as.  reports  of  clerks  and  'treas- 
urers have  to  be  filed  with  him  for  purposes  of  statistics  and  ap- 
portionment of  the  state  school  fund. 

Note  6.  Under  section  653  a  person  to  be  qualified  to  hold  the 
office  of  county  superintendent  must  hold  a  state  certificate  or  a 
first  grade  county  certificate.  Such  first  grade  need  not  be 
issued  in  the  county  in  which  the  county  superintendent  resides, 
but  must  be  of  legal  effect  at  the  time  the  holder  assumes  the 
duties  of  the  office. 

Note  7.  The  amendment  to  section  660  passed  by  the  legisla- 
tive assembly  of  1899  was  declared  to  be  unconstitutional  by  the 
supreme  court  in  case  of  Plummer  vs.  Borsheim.  This  restores 
section  660  of  the  Revised  Codes  of  1895,  which  is  as  follows : 

Sec.  660.  WHAT  TERRITORY  MAY  BE  ORGANIZED  INTO 
DISTRICT  SCHOOL  CORPORATIONS.— The  county  commis- 
sioners, of  each  county  not  organized  for  school  purposes  under 


174  GENERAL  SCHOOL  LAWS, 

the  district  school  system  at  the  taking  effect  of  this  code,  shall 
organize  into  a  district  school  corporation  any  territory  not,  at 
the  taking  effect  of  this  code,  already  organized  into  a  civil  town- 
ship or  a  school  township,  upon  being  petitioned  so  to  do  by  one- 
third  of  the  residents  of  such  territory,  haying  the  care  and  cus- 
tody of  any  child  of  school  age;  provided,  such  territory  shall 
consist  of  not  less  than  one  congressional  township,  having  at 
least  eight  thousand  dollars  of  taxable  property  and  at  least  ten 
children  Oif  school  age  residing  therein.  The  county  commis- 
sioners of  every  such  county,  with  the  advice  and  consent  of  the 
county  superintendent,  may  rearrange  the  boundaries  in  any 
school  corporation  whose  territory  is  not  included  within  a  civil 
township,  when  petitioned  so  to  do  by  a  majority  of  the  voters 
residing  within  such  school  corporation,  whose  boundaries  will 
'be  affected  thereby,  subject  to  the  same  restrictions  and  condi- 
tions as  to  extent  of  territory,  value  of  taxable  property  and 
number  of  resident  children  of  school  age  as  in  the  organization 
of  a  school  corporation  from  territory  not  included  in  a  civil 
township.  In  the  formation  of  school  corporations  and  the  re- 
arrangement of  their  boundaries  as  provided  for  in  this  section. 
the  boundary  lines  of  congressional  townships  shall  be  followed 
as  far  as  possible  as  school  corporation  lines. 

Note  8.  Section  667,  Kevised  Codes,  does  not  permit  the  organ- 
ization of  a  district  when  there  are  twelve  or  more  children  of 
school  age  resident  therein,  without  the  requisite  amount  of  tax- 
alble  property,  as  specified  'by  section  660,  Revised  Codes. 

Note  9.  ELECTIONS.  TERMS  OF  OFFICERS.— No  va- 
cancy exists  to  be  filled  by  appointment  when  a  school  board  fails 
to  hold* an  election  at  the  time  prescribed  in  Article  IV.  of  the  gen- 
eral school  laws.  The  officers  whose  terms  expire  and  whose 
successors  would  have  to  be  chosen  at  a  regular  election  do  not 
vacate  their  office  !but  hold  until  their  successors  are  duly  elected 
and  qualified  agreeably  to  the  provisions  of  section  670,  Revised 
Codes. 

Note  10.  Section  672  prescribes  who  is  qualified  to  vote  or  hold 
office  and  refers  to  the  following  sections  which  emibody  section 
121  of  the  constitution ;  the  restrictions  as  to  registration  are  not 
-applicable. 

Sec.  479.  WHO  ENTITLED  TO  VOTE.— Every  male  person  of 
the  age  of  twenty-one  years  or  upwards  who  shall  have  been  a 
Resident  of  this  state  one  year,  six  months  in  the  county  and 
ninety  days  in  the  precinct  next  preceding  the  election,  who  is  a 
citizen  of  the  United  States  or  any  person  of  Indian  descent  who 
shall  have  severed  his  tribal  relation  two  years  next  preceding 
«uch  election,  shall  'be  entitled  to  vote;  provided,  he  has  complied 


STATE  OP  NORTH  DAKOTA.  175 

with  the  provisions  of  any  law  which  is  now  or  may  in  the  future 
foe  in  force  relating  to  the  registration  of  voters.  And  all  per- 
sons -possessing  the  qualifications  mentioned  in  this  section  and 
who  have  resided  in  this  state  one  year  shall  foe  eligible  to  any 
office  in  the  state,  except  as  otherwise  provided  in  the  constitu- 
tion; provided,  however,  that  persons  shall  vote  in  the  precinct 
where  they  reside  and  not  elsewhere. 

•Sec.  480.  QUALIFICATIONS  OF  INDIAN  VOTERS.— No  In- 
dian or  person  of  Indian  descent  who  has  not  received  a  final 
patent  conveying  the  title  in  fee  of  lands  allotted  to  him  within 
the  boundaries  of  this  state,  pursuant  to  an  act  of  the  congress 
of  the  United  States,  approved  February  8,  1887,  and  entitled  "An 
act  to  provide  for  the  allotment  of  lands  in  several ty  to  Indians 
on  the  various  reservations,  and  to  extend  the  protection  of  the 
laws  of  the  United  States  and  the  territories  over  the  Indians, 
and  for  other  purposes/'  shall  be  deemed  a  qualified  elector  of  the 
state  of  North  Dakota,  or  foe  entitled  to  the  nights  and  privileges 
of  an  elector  therein  unless  he  was  born  within  the  limits  of  the 
United  States,  and  has  voluntarily  taken  up  his  residence  within 
this  state  separate  and  apart  from  any  tribe  o<f  Indians  therein, 
and  adopted  the  habits  of  civilized  life,  and  is  in  no  manner  sub- 
ject to  the  authority  of  any  Indian  chief  or  council  or  Indian 
agent  of  the  United  States. 

Note  11.  Section  080  provides  for  the  appointment  of  a  clerk. 
His  qualifications  must  be  those  of  an  elector  of  the  district  for 
which  he  is  chosen  as  clerk. 

Note  12.  Section  681  provides  for  four  regular  meetings  and 
fixes  the  salary  of  each  director  at  $8.00  per  year,  less  $2.00  for 
each  meeting  missed.  No  additional  compensation  is  allowed  for 
special  meetings. 

Note  13.  There  is  no  conflict  between  sections  689  and  770 
relating  to  a  breach  of  the  conditions  of  a  school  treasurer's  bond. 
Section  770  is  merely  cumulative  prescribing  that  action  against 
the  treasurer  failing  or  neglecting  to  pay  over  funds  belonging 
to  the  district  may  foe  begun  by  the  district  school  board,  or  the 
county  superintendent  or  any  taxpayer. 

Note  14.  SCHOOL  PRIVILEGES  FOR  NON-RESJDENT 
PUPILS. — Under  section  696,  revised  codes,  the  school  fooard  is 
empowered  "to  admit  pupils  from  other  districts  when  it  can  be 
done  without  injury  or  overcrowding  such  schools."  The  fooard 
is  further  authorized  and  empowered  to  make  regulations  for 


176  GENERAL  SCHOOL  LAWS, 

their  admission  and  the  payment  of  tuition.  Whether  or  not  any 
provision  be  made  for  admission  of  non-resident  pupils  is  discre- 
tionary with  the  board. 

Note  15.  SCHOOL  HOUSE,  LOCATION  OF.— A  .school  board 
irnay  not  lawfully  erect  a  school  house  upon  public  school  lands 
unless  the  'board  acquires  title  to  the  site  the  same  as  title  would 
be  acquired  to  any  other  land. 

Note  16.  ENUMERATION.— Persons  can  be  enumerated  only 
in  the  district  in  wrhich  they  have  a  legal  residence.  The  legal 
residence  of  a  parent  or  guardian  is  the  legal  residence  of  the 
child.  Where  a  party  resides  at  two  or  more  different  places 
during  the  same  year,  it  appears  by  the  decisions  of  various  courts 
that  it  is  a  privilege  of  said  party  to  determine  which  place  is 
his  legal  residence  unless  he  exercises  his  rights  of  citizenship, 
for  instance,  by  voting  or  attending  caucus  at  one  place  or  the 
other.  Such  action  would  indicate  his  real  intention. 

Note  17.  STATE  SCHOOL  FUND  NOT  TO  BE  USED  IN  SUP- 
PORT OF  PRIVATE  OR  DENOMINATIONAL  SCHOOLS.— Un- 
der section  152  of  article  VIII  of  the  constitution  no  money  raised 
for  the  support  of  public  schools  oif  the  state  shall  be  appropri- 
ated to  or  used  for  the  support  of  any  sectarian  school.  There 
is  nothing  contained  either  in  the  constitution  or  statutes  which 
warrants  any  other  use  of  the  fund  than  for  the  support  of  the 
common  schools. 

Note  18.  TEACHERS'  PERMITS.— A  permit  to  teach  must 
not  fee  issued  to  a  person  under  the  age  of  18  years. 

Note  19.  CERTIFICATES,  ISSUANCE  OF  THIRD  GRADE.— 
Under  section  742,  revised  codes,  a  county  superintendent  may 
issue  a  third  grade  certificate  to  a  party  wTho  has  taught  less  than 
fifteen  months  on  a  third  grade  certificate,  irrespective  of  the 
number  of  third  grade  certificates  that  may  have  been  previously 
issued  to  said  party. 

Note  20.— TEACHER'S  CONTRACT  NOT  AFFECTED  BY 
CHANGE  IN  ORGANIZATION  OF  DISTRICT.— A  contract 
made  and  entered  into  'between  a  general  school  district  and  a 
teacher  is  not  'modified  by  reason  of  reorganization  of  said  general 
district  into  a  special  district  during  the  time  for  which  the  con- 
tract was  made,  and  the  district  is  not  relieved  from  the  fulfill- 
ment of  the  obligation. 

Note  21.  TEACHER'S  SALARY  WHEN  SCHOOL  CLOSED 
ON  ACCOUNT  OF  QUARANTINE.— If  under  the  general  quar- 
antine regulations  a  school  be  closed  in  due  form,  the  teacher's 
right  to  collect  pay  for  the  time  school  was  closed  is  governed 


STATE  OF  NORTH  DAKOTA.  177 

by  the  general  laws  relating  to  employer  and  employee.  During 
tie  time  said  school  is  closed  the  teacher  is  under  contract  sub- 
ject to  the  pleasure  of  the  board,  and  during  the  existence  of  such 
contract  is  unable  to  be  a  party  to  another. 

Note  22.  TEACHER'S  REPORT  AND  SALARY.— A  teacher 
is  entitled  to  pay  at  the  close  of  each  month's  work,  except  for  the 
last  month  in  any  term,  when  the  same  may  be  withheld  until 
correct  reports  are  made  and  filed  by  the  teacher,  as  provided  by 
section  748,  revised  codes.  This  section  does  not  authorize  the 
withholding  of  the  teacher's  wages  for  any  other  month  in  the 
term. 

Note  23.  Section  778  requires  the  certificate  of  the  county 
auditor  in  addition  to  section  187  of  the  constitution  and  other 
statutes  as  to  the  issue  being  within  the  debt  limit.  Section 
2057  requires  also  a  certificate  of  the  treasurer.  These  are  ap- 
plicable to  special  and  independent  districts  as  well  as  general 
districts. 

Note  24.  TREASURER'S  BOND.— In  a  ispecial  school  district 
the  treasurer  of  the  city,  town,  or  village  is  treasurer  of  the  board 
of  education.  By  reason  of  being  under  bond  as  treasurer  of  a 
municipal  corporation  he  is  not  relieved  thereby  from  giving  bond 
as  treasurer  of  said  school  district,  under  section  805,  revised 
codes. 

Note  25.  ALIENS  NOT  ENTITLED  TO  A  CERTIFICATE  OR 
PERMIT. — Under  section  842  a  county  superintendent  is  forbid- 
den to  issue  a  certificate  or  permit  to  teach  to  any  party  who  is 
not  a  citizen  of  the  United  States  unless  he  has  resided  in  the 
United  States  one  year  last  prior  to  the  time  of  such  application 
for  such  certificate  or  permit.  A  declaration  of  citizenship 
alone  does  not  entitle  one  to  either  certificate  or  permit. 

Note  26.  Section  309  provides  for  the  designation  of  an  ac- 
counting officer  for  each  public  institution  and  defines  his  duties. 

Note  27.  Sections  5124  and  5125  pertaining  to  holidays  are  aa 
follows: 

Sec.  5124.  HOLIDAYS.— Holidays  are  every  Sunday;  'the  first 
day  of  January,  which  is  New  Year's  day;  the  twelfth  day  of 
February,  which  is  the  birthday  of  Abraham  Lincoln;  the  twenty* 
second  day  of  February,  which  is  the  birthday  of  George  Wash- 
ington; the  fourth  day  of  July,  which  is  the  anniversary  of  the 
Declaration  of  Independence;  the  twenty-fifth  day  of  December, 
which  is  Christmas  day;  the  thirtieth  day  of  May,  which  is  Mem- 
orial day;  every  day  on  which  an  election  is  held  throughout  the 
state,  and  every  day  appointed  by  the  president  of  the  United 


178  GENERAL  SCHOOL  LAWS, 

States  or  by  the  governor  of  this  state  for  a  public  faist,  thanks- 
giving or  holiday. 

Sec.  5125.  WHEN  FOLLOWING  DAY  HOLIDAY.— If  the 
first  day  of  January,  twelfth  day  of  February,  the  twenty-second 
day  o.f  February,  the  fourth  day  of  July,  the  thirtieth  day  of  May. 
or  the  twenty ^fifth  day  of  December  falls  upon  a  Sunday,  the 
Monday  following  shall  be  the  holiday. 

Note  28.  Section  340  relating  to  bonds  by  officers,  is  as  fol- 
lows: 

Sec.  340.  Each  civil  officer  elected  by  the  people  or  appointed 
(by  the  governor  or  by  any  other  authority,  provided  by  law,  ex- 
cept the  governor  and  the  officers  and  members  of  the  legislative 
assembly,  judges  of  the  supreme  and  district  courts,  county  com- 
missioners, court  stenographer,  the  mayor  and  aldermen  in  cities. 
the  president  and  trustees  in  villages,  but  including  township 
treasurers,,  clerks,  justices  of  the  peace,  and  constables,  shall, 
before  entering  on  his  duties,  give  a  bond  conditioned  for  the 
faithful  and  impartial  discharge  of  the  duties  of  his  office,  (nam- 
ing it  fully),  and  render  a  true  account  of  all  moneys  and  prop- 
erty of  every  kind  that  shall  come  into  his  hands  as  such  officer 
and  pay  over  and  deliver  the  same  according  to  law. 

Note  29.  Section  342,  relating  to  approval  of  bonds,  is  as  fol- 
lows : 

Sec.  342.  APPROVAL  OF  BOND'S.— The  bonds  of  all  state 
and  district  officers  shall  ibe  given  to  the  state,  shall  be  approved 
;by  the  governor  as  to  sufficiency,  and  by  the  attorney  general  as 
to  form  and  such  bonds  and  a  duplicate  original  of  the  oaths  of 
all  such  officers  shall  be  deposited  in  the  office  of  the  secretary 
of  state.  The  secretary  of  state  shall  keep  a  'book  in  which  shall 
be  made  a  correct  copy  of  such  bond,  which  shall  be  called  the 
%ond  record"  and,  when  such  bonds  shall  have  been  recorded, 
they  shall  'be  deposited  with  and  kept  on  file  in  the  office  of  the 
state  treasurer,  except  the  bond  of  the  state  treasurer  which 
'shall  'be  deposited  with  and  kept  on  file  in  the  office  of  the  state 
auditor.  The  secretary  of  state  and  state  treasurer  on  receipt 
of  such  bonds  shall  issue  a  receipt  therefor  and  such  receipt  shall 
be  filed  in  the  office  of  the  state  auditor.  The  bonds  of  all 
county,  township  and  municipal  officers  shall  be  given  to  the 
county;  those  of  all  county  and  municipal  officers  under  the 
county  shall  be  approved  by  the  state's  attorney  as  to  form  and 
by  the  board  of  county  commissioners  as  to  sufficiency,  and  such 
ibonds  and  a  duplicate  original  of  the  oaths  of  office  of  all  other- 
such  officers  shall  be  filed  with  the  county  auditor,  except  the 
bond  and  oath  of  such  auditor,  which  shall  be  filed  with  the  clerk 
of  the  district  court  for  the  county  or  judicial  subdivision.  The 


STATE  OF  NORTH  DAKOTA.  179 

.bonds  of  township  officers  shall  be  approved  by  the  chairman  of 
the  board  of  supervisors  o*f  the  township. 

Note  30.  The  use  of  lignite  coal  is  made  obligatory  by  the  fol- 
lowing section: 

Sec.  1030.  PUBLIC  INSTITUTIONS  TO  USE.— The  various 
state  institutions,  county  buildings  and  public  schools  of  this 
state  shall  use  for  fuel  native  or  lignite  coal,  and  it  shall  be  un- 
lawful for  any  officer  to  purchase  for  use  in  such  institutions, 
county  buildings  and  public  schools  any  coal  other  than  that 
taken  from  the  mines  within  the  boundaries  of  the  state.  This 
section  shall  not  be  construed,  however,  as  prohibiting  the  use 
of  wood  at  such  institutions,  county  buildings  and  public  schools, 
when  the  cost  thereof  does  not  exceed  native  coal. 

Note  31.  Section  370  authorizes  the  superintendent  of  public 
instruction  and  other  state  officers  to  appoint  deputies  and  pre- 
scribes manner  of  appointment. 


180  GENERAL  SCHOOL   LAWS, 


APPENDIX  E. 


SCHOOL  CALENDAR. 

JANUARY. 

First  Monday  (odd  numbered  years) — Terms  of  office  of  state 
superintendent  and  county  superintendent  begin.  Section  638. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 

FEBRUARY. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

MARCH. 

Second  Friday — County  examination  for  teachers.  Section 
740. 

APRIL. 

Second  Tuesday— Regular  meeting  of  district  school  board.. 
Section  681. 

MAY. 

Last  Friday — County  examination  for  teachers.      Section  740. 
Third  Monday — Apportionment  of  state  tuition  fund.      Section 
711. 

JUNE. 

District  clerks  to  take  enumeration  before  June  20.  Section  707. 

At  least  fifteen  days  before  third  Tuesday — 'District  school 
board  designates  polling  place  and  causes  three  notices  of  election 
to  be  posted.  Section  674. 

Third  Tuesday — Annual  school  election  at  2  p.  m.  Section 
670  and  674. 

Wiithin  five  days  after  annual  election — Clerk  to  furnish  each 
person  elected  a  written  notice  of  election.  Section  677. 

Within  ten  days  after  annual  election — District  clerk  forwards 
to  county  superintendent  a  certified  list  of  all  officers  elected. 
Section  677. 

Thirtieth— School  year  ends.      'Section  749. 


STATE  OF  NORTH  DAKOTA.  181 


JULY.        • 

1st — >8chool  year  'begins.      Section  749. 

1st — Assessor  furnishes  school  district  clerk,  county  superin- 
tendent and  auditor  the  amount  of  assessed  valuation.  Section 
724. 

Second  Tuesday — Regular  meeting  of  district  school  board. 
Section  681. 

Second  Tuesday — District  school  board  organizes  and  elects  a 
president  and  clerk.  Section  680. 

Second  Tuesday  (on  or  before) — School  treasurer  gives  bond 
and  qualifies.  Section  684. 

Before  20th — District  school  board  and  board  of  education  levy 
tax.  Section  699  and  721. 

Immediately  thereafter — District  clerk  and  clerk  of  board  of 
education  notify  county  auditor  the  amount  levied.  Sections 
721  and  801. 

AUGUST. 

15th  (on  or  before) — County  superintendent  transmits  annual 
report  to  superintendent. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

Last  Friday — County  examination  for  teachers.      Section  740. 

OCTOBER. 

Second  Tuesday — Regular  meeting  of  district  school  board, 
Sertion  681. 

Last  Friday — County  examination  for  teachers.       Section  740. 

NOVEMBER. 

1st— (on  or  before,  in  even  numbered  years) — Superintendent 
makes  report  to  the  governor.  Section  635. 

First  Tuesday  after  first  Monday  (in  even  numbered  years) — 
Election  of  superintendent  and  county  superintendent.  Sec- 
tions 622  and  638. 

Third  Monday — Apportionment  of  state  tuition  fund.  Section 
711. 

DECEMBER. 

1st — Special  and  independent  districts  make  enumeration  of 
school  children  in  the  district.  Section  707. 

Before  20th — District  clerk  and  clerk  of  board  of  education  for- 
ward to  county  superintendent  enumeration  of  school  children. 
Sections  707  and  716. 

31st— (on  or  before  in  even  numbered  years) — The  report  of  the 
state  superintendent  is  printed.  Section  636. 


INDEX 


INDEX. 


ACCOUNTS—                                                                               Section  Page 

County  treasurer  to  keep  with  school  corporations...  .710                    4? 

Form    of,   for    district    treasurer    717                    -10 

ACTION— 
Attorney    General    begins    to    collect    on    investments, 

when    175                  136 

Child  labor,  for  employment  of,  how  brought 702,  76-1                    64 

Compulsory    attendance    law,    for    violation    of,    how 

brought    761..  764             63,    64 

District  treasurer  refusing  or  neglecting  to  pay  funds  770                    65 

who  may   institute    689                    36 

Trespass  upon  school  and  public  lands  229                   153 

ADJUTANT  GEiNERAL— 

Muskets,  to  furnish  for  university   896                   106 

ADJUSTERS— 

(See  Board  of  Adjusters.) 

ADVERTISING— 

(See  School  and  Public  Lands.) 

AGE— 

Requisite,   for  holding  county  certificate    740,  741                    55 

Requisite  for  holding  county  certificate,  first  grade. .  . .  742                    56 

Requisite  for  holding  normal  certificate  738                    54 

School,   compulsory  attendance    759                    62 

deaf  children 759                    62 

AGENT— 

(See  Commissioner  of  University  and  School  Lands.) 

AGRICULTURAL  COLLEGE— 

Additional  buildings  and   improvements    131 

Agricultural  and  geological  survey   116 

Board  of  trustees,  appointment  of 936                  112 

compensation  of   938                  113 

duties    939                  113 

experimental  station,  conducts    939                  113 

directs 947                 .115 

faculty,  employs 939                  113 

funds,    duty   regarding    . 939                  113 

meetings    938                  113 

oath  of  office  937                  113 

officers  of 938 

report,  to  make   945                  114 


186  INDEX. 


AGRICULTURAL    COLLEGE— Continued.—                       Section  Page 

Board  of  trustees,  salaries,  fixes  941  114 

superintendent  of  construction,  employs   939  113 

term  of 936  112 

Course  of  instruction  in 940  113 

Experimental  station,  grants  by  congress  accepted ....  948  115 

objects  of 947  115 

reports  of 945  1 14 

Faculty,  how  constituted • 942  114 

president's  duties 943  114 

reports,  to  make 944  114 

Graduates  may  receive  honorary  degrees   940  115 

Land  grants  for,  accepted 948,  949  115 

Location  of 934  112 

Management  of 935  112 

Reports  of  officers  and  how  distributed 944,  945  114 

Treasurer,  bond 937,  950          113,  115 

not  to  be  a  member  of  board  of  trustees 937  113 

State  auditor  to  pay  over  funds 156 

ALIEN— 

Certificate  not  to  be  granted  to 742  56 

ANNEXATION— 

County  commissioners  may  annex  districts,  when . .  662,  663  26,    27 

APPEAL— 
Superintendent  of  public   instruction   prescribes   form 

of 629  19 

To  county  superintendent,  from  decision  of  school  offi- 
cers or  boards   644  22 

To  superintendent  of  public  instruction   629,  644  19,  22 

examination,  applicant  for  certificate 74.1 

notice  to  be  given 741 

requirements 644 

APPORTIONMENT— 

County  tuition  fund,  county  superintendent  makes ....  722  49- 

State  tuition  fund,  county  superintendent  makes 647 

superintendent  of  public  instruction  makes,  when . . .  711 

Tuition  funds,  basis  of  (see  Funds)* 715  45 

APPRAISAL— 

(See  Board  of  Appraisers.) 

APPROPRIATION— 

Aid  for  classified  high  schools 870  99- 

Board  of  university  and  school  lands,  expenses 235  155 

Bends,  interest  on  and  expense  of  P'i- chase  by  board 

of  university  and  school  lands 178  137 

For  selling  school  land 156 

Geological  survey 904a  108 

School  lands,  lease  of,  advertising,  etc. . . . 234a  155 

State  educational  library   866  98 

State  institute  fund  756  61 

Superintendent  public  instruction,  expenses    637  20 

Traveling  libraries 625  IS 


INDEX.  187 


ARBITRATION—                                                                       Section  Page 

Law  of,  applicable  to  all  districts  735  53 

In  certain  cities   862  96. 

(See  board  of  Arbitration.) 

ASSESSMENT— 
(See  Taxes.) 

ASSESSORS— 

Deaf  and  dumb  children  reported  by  961  120 

Maps  of  school  districts  furnished  by  county  superin- 
tendent    ." 643  22 

School  and  public  lands,  report  on 213  148 

Valuation,  to  furnish  district  clerk   724  50 

ATTENDANCE— 

Compulsory,  age  for 759  62 

length  of  time  required  «    ,    759  62 

when  required 759  62 

who  exempt 759  62 

Penalty  for  failure  to  comply  with  law 760  63 

for  failure  of  officers  to  enforce  law 761  63 

ATTORNEY  GENERAL— 

Board  of  university  and  school  lands,  member  of  ....  169  133 
Funds,  permanent  and  institution,  institutes  civil  ac- 
tion to  collect 175  136 

Prosecutes  for  trespass  on  school  and  public  lands 233  154 

AUDITOR— 

(See  State  Auditor  and  County  Auditor.) 

BANK— 

Bond  as  depository  for  sinking  fund 779  68 

BIBLE— 

Not  sectarian  book 754  60 

BLANKS— 

County  superintendent  to  distribute  641  21 

Superintendent  of  public  instruction  to  prepare 625  18 

BLIND  ASYLUM— 

Board  of  trustees,  appointment  of  968  123 

compensation  of   t  970  124 

duties  of 972  124 

meetings  970  124 

oath  of  office - 969  123 

organization  of   . . '. 969  123 

quorum   969  123 

reports  to  make 973  125 

term  of 968  123 

Land  grants,  proceeds  of,  appropriated  for 971  124 

Location  of 967  123 

Management  of   967  123 

BLIND  CHILDREN— 

Governor  to  provide  care  and  instruction  for 973a  125 


188  INDEX. 


BOARD  OP  ADJUSTERS—                                                  Section  Page 

How  composed  725  50 

Levies  tax  to  pay  indebtedness  of  district,  when. ..."  725  50 

BOARD  OF  APPRAISERS— 

Appraisal  to  make,  when 183,  218  138 

time  in  which  made  after  receiving  notice 183  138 

Compensation  of 138,  218  138 

Member  of 183  138 

Penalty  for  making  false  reports 183  138 

Reiport  of  appraisal,  to  make  183  138 

BOARD  OF  ARBITRATION— 

Appointment  of 731  52 

County  superintendent  member  of 731  52 

County  treasurer  member  of,  when   731  59 

Duties  of 732  52 

Law  applicable  to  all  districts   735  53 

Special  districts f 807  80 

Tax  levied  by    733.735  52,    53 

'collection  of 734  52 

BOARD  OF  EDUCATION— 

Closets  and  privies,  to  furnish  874  100 

Compulsory  attendance,  duties  regarding  759  62 

Flag,  to  purchase 805  98 

Text-books,  may  furnish,  free 863  97 

Cities  other  than  independent  and  special  districts, 

election  of.  in sr><;  95 

how  conducted   858  95 

officers  serve  until,  when 861  90 

term  of 857  95 

Independent   districts,   bonds,    determines   issue    of, 

in 842,  846  90,    92 

books,  furnishes  when    846  92 

census  to  take   843  91 

'Compensation,  not  to  receive 836  89 

contracts,  members  not  to  be  interested  in 836  89 

duties  and  powers,  generally   .' 839,  846  89,  92 

election  of 832  87 

how  conducted  ! 833  88 

meetings 837  89 

members  to  visit  schools 847  93 

oath  of  office 835  88 

officers  of 835  88 

official  designation  of 835  88 

ordinances    and    regulations,    reports    on   to    city 

council   846  92 

penalty  for  refusal  to  serve  on 854  94 

powers  oif 846  92 

pupils,  suspension  and  expulsion  of   846  92 

quoirum 832 

records  of  received  in  court 838  89 

Independent  districts,  revenues,  duties  as  to  expendi- 
tures of 849  93 

seal  of 838  89 

secretary,  election  of 838  89 

compensation  fixed  by  board    '  838  89 

duties  of 838  89 


INDEX, 


BOARD  OF  EDUCATION— Continued—                           Section  Page 

Independent  districts,  tax  levied  by  839  89 

purposes  for  which  levied   839  89 

term  of   832  87 

tuition,  may  charge  non-resident  pupils 848  93. 

vacancy  in,  how  filled 834  88 

Special  districts,  to  take  census  in  716,  797  46,    76 

clerk,  appointment  of 794    "  '    75 

compensation    of    794  .       75 

duties  of 796  76 

contracts,  members  not  to  be  interested  in 792  75 

how  made   802  78 

election  of   790,  808  75.    80 

election,  appoints  officers  of 811  81 

designates  polling  places  for 811  81 

notices  of 809,  810  80* 

meetings  of 793  75 

office,  term  of  791  75 

officers  of 794  75 

when  chosen    794  75. 

powers  and  duties,  generally   797  76 

president,  duties  of   795  76 

property,  may  require  transfer  of   788  74 

control  of  after  equalization   806  79 

pupil,  may  expel  or  suspend   797  76 

quorum   791  75 

report  to  county  superintendent   797  76" 

schools,  supervision  of   799  78 

seal   787  74 

superintendent,  may  employ  797  76 

tax  levies,  when   , 801  78- 

taxes,  may  refund  or  correct,  when    720  47 

teacher,  may  exact  qualifications  for,  when 797  76 

term  of  office  808  80 

territory,  may  attach  to,  when   786  73 

treasurer  of  city,  ex-officio   803  7& 

tuition,  may  charge   > 797  76 

vacancy  in  office,  how  filled  814  81 

BOARD  OF  MANAGEMENT  OF  NORMAL  SCHOOLS— 

Appointment  of 909  109' 

Commission    910  109 

Compensation  of 911  109 

Duties  and  powers  of 914  110 

How  constituted 90S  108 

Management  of  schools,  by 907  108 

Oath    909  109 

Officers  of 909  109 

Term  of 909  109 

(See  also  Normal  Schools.) 
BOARD  OF  TRUSTEES— 

Agricultural  college,  appointment  of 936  112 

compensation   938  113 

duties    939  113 

meetings    938  113 

oath  of  office 937  113 

officers    938  113 

term  936  112; 

(See  also  Agricultural  College.) 


190  INDEX. 


BOARD  OF  TRUSTEES— Continued.—  Section  Page 

Blind  Asylum,  appointment  of 968  123 

compensation   970  124 

duties  . 972  124 

meetings 970  124 

oath  of  office 969  123 

officers    . . 969  123 

term 968  123 

(See  also  Blind  Asylum.) 

Deaf  and  dumb  asylum,  appointment 952  118 

appointment 952  118 

compensation  958  119 

duties   956  119 

meetings    953  119 

oath    954  119 

officers   953  119 

term   952  118 

(See  also  Deaf  and  Dumb  Asylum.) 

Industrial  school,  appointment    976  125 

bond 978  126 

compensation   977  126 

meetings    977  126 

oath    978  126 

officers 977  126 

term    976  125 

(See  also  Industrial  School.)  • 

ISTormal  Schools,  appointment 908  108 

commissions   910  1.09 

compensation 910  109 

governor,   member    908  108 

meetings    911  109 

oath    909  109 

officers 908,  910    -        108,    109 

superintendent  of  public  instruction,  member. . . .  908  108 

term   909  109 

(See  also  Normal  Schools.) 

University,   appointment    877  101 

compensation   891  105 

meetings  879,  880  102 

officers    878  101 

powers  and  duties 878,  881  101,    102 

quorum 879  10,2 

reports,  to   make    883 

secretary,  duties 878  101 

term 876  101 

(See  also  University.) 

BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

Advertising,  approves  bills  for  234  155 

Agent,  may  appoint  for  selecting  and  leasing  land. .  170  134 

Appraisal,  new,  ordered  when   195  143 

to  equalize 218  150 

Appropriation  for  expenses  of  235  155 

Bonds,  appropriation  for  interest  on  and  expense  of 

purchase  of 178  137 

Bonds,  may  purchase   172  134 

•Certifies  to  governor  fulfillment  of  contract  before 

patent  to  issue   205  145 


INDEX.  191 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

Continued. —  Section  Page 

Commissioner  of,  appointment,  bond  170  134 

^custodian  of  abstracts  and  conveyances    214  1-18 

deputy,  appoints  with  consent  of 181  137 

duties 184,  234b          139,    155 

leases  of  lands,  to  conduct 221  151 

term 180  137 

vacancy 179  137 

Contracts,  may  cancel,  when 200  144 

Control  of  school  and  public  lands 170  134 

County  auditor  certifies  sales  to  190  141 

County  commissioners,  notification  by,  of  funds  to 

fix  bond  of  county  treasurer  . . 209  147 

Expenses,  appropriation  for 235  155 

incidental,  how  paid   177  136 

Funds,  permanent  school  and  institution,  authority 

to  invest   172  134 

how  invested  172  134 

subject  to  order  of  174  135 

Lands,  causes  to  be  appraised,  when 183  138 

certified  for  sale  184  139 

commissioner  controls,  subject  to 182  137 

lislt  of  sold,  to  be  furnished  county  treasurers  ....  212  148 

may  withdraw  offers  to  sell  when   189  141 

subdivided  by  when    194  142 

Leases,  advertisement  of  lands  for 220  150 

approval  of 224  152 

confirmation  of  and  contracts  for  224    '  152 

selection  of  lands  for 234b  155 

Members  of,  who  are 169  133 

Meetings  at  which  school  funds  may  be  invested. . . .  172  134 

regular 171  134 

special 171  134 

Officers  of 169  133 

Patents,'  issuance  of  under  seal  205  145 

Permanent  and  institution  funds,  invests 170  134 

Permits,  may  sell  to  cut  hay  or  remove  down  timber  228  153 

Powers  of,  generally   : 170  134 

Quorum 171  134 

Real  property,  controls  grant  of  1883  170  134 

Records,  bonds 173  135 

mortgages 173  135 

open  for  inspection 173  135 

permanent   funds    173  135 

signed  by  officers 173  135 

Sales  of  school  and  public  lands,  approves 191 

offers  for  resale,  when 201  144 

postponement  of,  when 188  141 

to  publish  notice  of 185  140 

Secretary,  reports  of  investments  of  permanent  funds  173 

records  to  keep 173  135 

School  funds  to  be  loaned 172 

appraised  value  of  lands  as  security 172 

may  be  paid,  when  . . .  * 172 

loans  made  on,  time  to  run 172 

vote  to  invest,  how  taken 172  134 


192  INDEX. 


BOARD  OF  UNIVERSITY  AND  SCHOOL  LANDS— 

Continue*! —                                                                       Section  Page 
State  treasurer  to  collect  permanent  school  and  insti- 
tution funds   175  136 

to  keep  permanent  and  institution  funds  subject  to 

order  of 174  135 

to  keep  .register  of  bonds  purchased  by 176  136 

Surveys  may  order,  when 193,  194  142 

BONDS— 
Appropriation  for  interest  and  expenses  of  purchase 

of  by  board  of  university  and  school  lands 1 78  137 

Bank  to  give  as  depository  for  sinking  fund 779  68 

Contractor  to  furnish  for  building  school  house  ....  783  70 

Industrial  school,  board  of  trustees  may  issue 980  127 

Official,  board  of  trustees,  Industrial  school 978  126 

commissioner  of  university  and  school  lands 170  134 

deputy  181  137 

county  superintendent  of  schools 

amount  (note  2,  p.  172)    343 

approval  (note  29,  p.  178)   342  178 

county  treasurer  to  give  for  funds  received  from 

sale  of  school  and  public  lands 209  147 

duty  of  county  auditor  regarding 689 

school  officers,  where  filed 689  35 

treasurer 684 

amount  of 684 

approval  of  684 

treasurer  city,  to  give  as  treasurer  of  board  of 

education  in  independent  districts   .  . . . , 844  91 

treasurer  city,  town  or  village  to  give  as  treas- 
urer board  of  education  in  special  districts.  .  805 
superintendent  public  instruction  (Note  2,  p.  172)  343 

Public  officers  to  take  from  contractors 4802  162 

School  bonds,  board  of  university  and  school  lands 

may  purchase 172 

certificate  of  county  auditor  must  be  attached  to. .  778 

form  of  . 778 

certificate  of  debt  limit  necessary  (Note  23,  p.  177)  2057  177 

state  treasurer  custodian  of,  purchased  by  board  of 

university  and  school  lands 174 

general  district,  authority  of  board  to  issue,  when  775 

cancellation  and  record  of 782  70 

certified  copy  of  proceedings  to  issue  to  be  filed 

with  county  auditor • 778 

denomination  of   777 

election  to  vote  new,  may  not  be  ordered  when. .  776 

'notice  to  state  what 776 

petition  for  necessary 776 

interest,  rate  of  and  when  payable 777 

law  relating  to,  how  applicable 784 

limit  of  issue  777  67 

negotiated  how   780 

purposes  for  which  may  issue  775 

record  of 778 

sinking  fund  to  be  provided ».....-..  779 

tax  levy  made  for,  by  county  auditor,  when 781 

time  to  run  777  67 


INDEX.  193 


BONDS — Continued. —                                                            Section  Page 
School  bonds,  independent  district,  amount  to  be  is- 
sued determined  by  board  of  education 84G  92 

authority  of  board  of  education  to  issue  when.  .     S42  90 
certificate  of  debt  limit  necessary  (Note  23,  p. 

177)    2057  177 

certified  copy,  of  proceedings    to    be    filed  with 

county  auditor   778  67 

denominations  of   842  90 

board  of  education  determines 846  92 

election  to  vote,  notice  of 776  66 

petition  776  66 

interest  payable  when    842  90 

fund  for  payment  of 842  90 

rate  of 842  90 

law  relating  to,  how  applicable  •• 784  70 

purposes  for  which  issued 775  66 

records  of 778  67 

sinking  fund 842  90 

refunding,  authorized 775,  824,  842        66,    84,    90 

exchanged,  may  be 825  84 

restrictions  on  issue 824,  826  84 

surplus,  transferred,   when    827  84 

tax  levy  made  for  by  county  auditor,  when  ....     781  70 

time  to  run   824,  842  84,    90 

special  districts,  certificate  of  clerk  as  to  debt  limit 

and  issue   ' 816  82 

certificate  of  debt  limit  necessary  (Note  23,  p. 

177) 2057  177 

denomination  of   816,  824  82,    84 

election,  called  when 816  82 

how  conducted  817  82 

notice  of 817  82 

how  issued 816  82 

interest  coupons 821  83 

limit  of  issue  * 818  S3 

property  pledged  for  payment  of 822  .  83 

refunding,  how  exchanged   825  84 

issuance  of,  by  board  of  education 824  84 

by  election 816  82 

sections    governing    826  84 

premium  received,  how  applied 825  84 

restrictions  on  issue  824,  826  84 

surplus,  transferred  when 827  84 

register  of  823  84 

sinking  fund,  investment  of  820  83 

tax  levy  for,  when  made  781,  819  70,    83 

what  to  specify 818  83 

special  provisions  in  cities  and  villages,  issue  of  to 

eireict  school  buildi-ngs 2474  159 

election  for,  by  provisions  of  charter ..  2475  •   159 

by  special,  how  called 2475  159 

how  conducted 2475  159 

notice  to  contain  what 2475  159 

refunding,  authority  to  issue 2483  160 

denomination  of 2484  160 

execution  of  by  city  officers 2486  160 

how  issued    .                     2484  160 


194  INDEX. 


BONDS — Continued. —  Section  Page 

School  bonds,  special  cities  and  villages,  refunding, 

interest  fund  for 2487  161 

records  of 2486  160 

sinking  fund  levied  for 2488  161 

restrictions  as  to  sale 2475  159 

BOUNDARIES— 

Conformity  with  congressional  township  lines 660  25 

County  commissioners  may  re-arrange 660,  666  25,    28 

How  changed 667  29 

Independent  districts    831  87 

New  districts 661  26 

Not  changed  when  . : 659  25 

BRANCHES  OF  STUDY— 

Additional,  county  superintendent  determines 698  38 

district  school  board  determines  698  38 

Alcohol,  its  effects   750  59 

Enumerated,   for  examination   for  certificates 741  55 

In  schools  classified  by  high  school  board 868,  869  98 

In  special  districts  797  76 

List  of,  to  be  taught 750  59 

Narcotics,  effects 750  59 

CENSUS— 

Board  of  education  takes  716  46 

District  organized  under  special  law 707  42 

General  districts,  when  taken ' 707  42 

Independent  districts,  when  taken   707,  843  42,    91 

Newly  organized  districts  to  take 714  45 

Report  of,  when  filed    707  42 

Special  districts,  to  take 797  78 

when  taken   707  42 

Who  to  be  enumerated 707  42 

CERTIFICATE— 

Attendance  at  school  required,  when 762  64 

County  superintendent  grants  on  examination 740  55 

Diplomas  equivalent  to  first  grade   738  54 

Drawing,  vocal    music,    and    kindergarten    may  be 

granted  741  55 

Examinations  for  issuance  of 741  55 

Expiration  of,  teachers  to  finish  term  when 747 

Fee  for  county 743  57 

Fees  for  issuance  of  normal  and  professional  ......     739  54 

Graduates  of  university  entitled  to  when 889  105 

Normal,  graduates  of  normal  department  of  univer- 
sity, etc 738  54 

granted  to  graduates  of  normal  schools 738,  922  54,  112 

Professional,  examination  for 737  53 

graduates  of  university  entitled  to.  when 737  53 

may  be  revoked,  when 737,  739  53.  54 

requirements  of  applicants  for 737  53" 

Questions  used  in  examination  for,  prepared  by  su- 
perintendent of  public  instruction  626  18 

Renewal  of  first  grade 742  5G 


INDEX.  195 


CERTIFICATE— Continued.  Section  Page 

Revoked  by  county  superintendent  for  cause 744  57 

Teachers  exempt  from  holding  in  certain  cities 742  56 

must  hold   695,  797  37,    65 

Teachers  exempt  from  holding  in  certain  cities,  not 

entitled  to  compensation  when  not  holding....  746  58 

proceedings  to  revoke  745  58 

When  revoked   648  23 

CLERK— 
Board  of  education,  bonds,  certificate  of  debt  limit 

make   816  82 

bonds,  register  of  to  keep   823  84 

certifies  election  of  officers  to  county  superinten- 
dent    813  81 

duties,  general   796  76 

election  of  794  75 

election,  to  sign  notice  for  809  80 

salary  of   794  75 

tax  levy,  certifies  to  county  auditor 801  78 

District  school  board  (general  district)  appointment  680 

bonds,  cancelled,  duty  regarding 782  70 

record  to  keep   778  67 

certificates  of  election,  issues  to  officers 677 

compensation   683  33 

duties  of 683 

duty,  penalty  for  neglect  of  765  64 

duty  in  case  of  tie  vote 676 

election,  penalty  for  making  false  returns  of 766  65 

to  be  clerk  of 675 

to  sign  notices  o<f 674  31 

enumeration  takes   707  42 

officers,  files  list  of  elected  with  county  superin- 
tendent    677  32 

reports,  makes  annual,  when   707 

penalty  for  making  false   760 

teachers,  to  be  filed  with   748  58 

tax  levy,  notifies  county  auditor  of 699,  721  38,  48 

vacancy  in  office  of,  how  filled  729  51 

COLLEGE  OF  ARTS   885,  886  103,  104 

COLLEGE  OF  LETTERS 885,  886  103,  104 

COMMISSIONER  OF  UNIVERSITY  AND  SCHOOL  LANDS— 
Abstracts  and  conveyances  of  title  to  be  deposited 

with 214  148 

Appraisal,  prepares  list  for  183  138 

Appraisement,  directs   183  .   138 

Appropriation  for  salary  and  expenses  of  office 235  155 

Contracts,  duty  as  to  cancelled 200  144 

Contracts,  of  sale,  executes 182  137 

issues  new,  for,  when   199  143 

prepares,  when 191  141 

Deputy,  appointment  and  bond,  of 181  137 

Fees  for  leasing,  collects 234b  155 

Lands,  conducts  sale 182,  186  137,  140 

designates  time  of  sale  184  139 


196  INDEX. 


COMMISSIONER   OF    UNIVERSITY    AND    SCHOOL 

'LANDS — Continued. —                                                    Section  Page 

Lands,  leasings,  conducts 182,  221            137,    151 

lists    for    sale    forwarded    county    auditor    when 

offered 184                      139 

when  sold   207                      14G 

county  treasurer  212                      148 

Lands,  maps  of,  for  record,  when  made 19G                     143 

offers  for  sale,  when 187                      140 

Oath  and  bond  of 170                      134 

Records  to  keep 1.82 

Report,  makes  through  board * 182                     137 

Salary 182                      137 

School  fund,    determines   amount  to  be  loaned    on 

mortgages   1 72                     134 

Seal  of  office 182                     137 

Seizes  property  in  case  of  willful  trespass 231 

Surveys,  causes  to  be  made,  when 3  94                     142 

Term 179                     137 

COMMISSIONERS  ON  PREPARATORY  SCHOOLS— 
(See  High  Schools  and  High  School  Board.) 

COMPULSORY  ATTENDANCE— 
(See  Attendance.) 

CONSOLIDATION  OP  SCHOOLS— 
(See  Schools  and  Election.) 

CONSTITUTIONAL  PROVISIONS— 

Legislative  assembly  not  to  pass  special  laws G9                         7 

Election    and    qualifications    of    superintendent    of 

public  instruction 82                          7 

Salary  of  superintendent  of  public  instruction 84                          7 

Qualified   electors    121-127  8 

Qualification  ol  women  for  voting  and  for  holding 

office 128                         8 

Instructions  for  legislative  action  .  .148,  151                          9 

Money    from    school    lands,     how    controlled    and 

used 152-154  9 

School  lands,  when  and  how  to  be  sold  155,  158                10,    11 

Board  of  university    and    school    lands  consists    of 

whom 15G                        10 

Board  of  appraisal  consists  of  whom 157                       10 

State  to  make  good  any  losses 153,  159  9,    11 

School  lands,  how  leased 161 

Money  from  school  lands,  how  to  be  invested 1 G2                        12 

Debt  limit  of  school  districts 183                        13 

Public  institutions  located  215,  216                       14 

CONTRACTS— 

Advertising,  to  let,  when  774                        66 

Board  of  education  not  to  be  interested  in 792-836  75,    89 

Industrial  school,  trustees  not  to  be  interested  in 979 

Lands,  assignee  may  have  same  rights  as  purchaser  of  198 

commissioner  university  and  school  lands,  duties.  182 

division  of 199                      143 


INDEX.  197 


CONTRACTS— Continued.—                                                 Section  Page 

Lands,  sale  of,  entitles  possessor  to  what 197  143 

lien  executed   191  141 

voidable,   when   200  144 

School  corporations  may  enter  into 6U8  29 

School  houses,  not  to  be  let  without  advertising.  . .  .  783  70 

Sealed  bids  for,  when  required  802  78 

Teachers,  certificates,  not  required  to  hold  in  certain 

cities  to  make  „ 742  56 

must  be  in  writing 695  37 

terminated  by  revocation  of  certificate 744  57 

to  contain  provisions  as  to  discontinuance 704  40 

void,  except  in  certain  cities  742  57 

Text  books   863  97 

To  be  in  writing,  when 802  78 

COURSE  OF  STUDY— 

(See  Superintendent  of  Public  Instruction,  Schools.) 

COUNTY  AUDITOR— 

Board  of  adjusters,  member  of 725  50 

Board  of  appraisers,  member  of 183  138 

Bond  district  treasurer,  filed  with   689  35 

Bonds  of  school  districts,  to  certify  to   778  67 

Deaf  and  dumb  children,  reports  number  to  principal 

of  school  for 961  120 

District  clerk,  notified  by,  when  funds  paid  to  district 

treasurer 718  47 

to  notify  of  tax  levy 699  38 

Institute  funds,  draws  warrants  on  <;4»;  22 

Leasing  school  and  -public  lands,  compensation  for.  .  221  151 

duty  as  to 224  1 52 

Plats  of  districts  to  furnish  669  29 

Proceedings  of  board  in  organization  of  districts  re- 
corded by 669  29 

Receipts  for  collection  of  school  funds,  to  forward 

duplicate    211  148 

Sales  of  school  and  public  lands,  compensation  for.  .  190 

duties  regarding   190 

execution  of  contracts 191  1-11 

to  give  notice  of 185  140 

Tax,  levy  of  independent  districts,  extends 840 

of  special  districts,  extends    801  78 

levied  by  board  of  arbitration,  duties 732  ~>2 

levies  poll  and  two  mill 722 

levies  to  pay  bonds,  when 781 

notice  of  levy  to  be  mailed  to 721 

Training  school  fund,  duties  . 757  61 

Tuition  fund,  certifies  amount  of  county  to  county 

superintendent "22  49 

COUNTY  COMMISSIONERS— 

Approves  bond  of  county  superintendent   (Note  29, 

p.  178.)    342  178 

Chairman  of  board,  member  board  of  appraisers  ....  183  138 
Deaf  and  dumb  children,  may  provide  transportation 

and  levy  tax  for,  when  963  120 


198  INDEX. 


COUNTY  COMMISSIONERS— Continued.—                     Section  Page 

Districts,  boundaries  of,  rearranged  by GG6                       28 

divided  by,  when   662,  663                26,    27 

imay  detach  territory  from  special  on  petition  ....  786                       73 

to  change  boundaries  Of,  on  petition 667                        29 

to  organize  on  petition 660                        25 

Fund,  institute  may  appropriate  for 758                        62 

Office  for  county  superintendent  to  furnish -  651                        23 

Vacancy  in  office  of  county  superintendent  fills 727                       51 

COUNTY  SUPERINTENDENT— 

Appeals,  from  decision  of  to  superintendent  of  public 

instruction 644                        22 

Apportions  county  tuition  fund 722                        49 

poll  tax 722                        49 

state  tuition  fund   '. 647,  715                23,    45 

Blanks,  distributed  by 641                        21 

(provide  for,  at  expense  of  county 308                     158 

Board  of  adjusters,  member  of 725                       50 

Board  of  appraisers,  member  of 183                     138 

Board  of  arbitrators,  member  of 731                       52 

Board  of  education,  report  to  797                        76 

.    Bond,  amount  (Note  2,  p.  172)   343                      172 

approved  (Note  29,  p.  178)    342                      178 

approves  district  treasurer's,  when 684                       33 

Census,  report  of  newly  organized  districts 714                        45 

Certificate,  teacher's,  revoked  by,  when  648,  744                23,    57 

notice  of,  to  be  given  district  clerk 744 

Classification  by  teacher,  to  decide,  when 753                       60 

Decide  questions  in  controversy   644 

Deputy,  appointment  of 652 

Districts,  assists  in  rearrangement  of  boundaries,  of  666 

duties  in  organization  of 660                        25 

high  school,  duties  regarding 706 

treasurer,  to  begin  action  against  on  bond,  when.  689                        35 

to  require  additional  bond,  when 685 

Duties,  refusal  to  perform,  penalty 306 

Election,  clerk  certifies  to,  in  special  districts   .  .638,  813                20,    81 

duties  regarding  fir^t,  for  officers 671 

Examination  for  teachers'  certificates,  conducts  ....  740 

Expenses,  office Col,  652 

Fees  collected,  disposal  of 646 

General    duties    639-640 

Institute  fund,  county,  report  to  make  to  superin- 
tendent of  public  instruction 641,  755                21,    61 

Instructions  of  superintendent  of  public  instruction, 

duty  regarding 641 

Maps  of  districts,  when  furnished  643 

Meetings  of   with  superintendent  of  public  instruc- 
tion   ' 632                        19 

Meetings  with  school  officers  and  with  presidents  of 

boards 643 

Mileage 652 

Notice  of  institute  and  training  school,  to  give 7ol 

Oaths,  power  to  administer   

Office,  cause  for  removal  from 656 

who  may  hold 672 

Officers,  appoints  for  first  election  6  <  1 


INDEX.  199 


COUNTY  SUPERINTENDENT— Continued.—                 Section  Page 

Permits,  may  issue    741  55 

Profession,  not  to  engage  in,  when 655  24 

to  engage  in,  permissible,  when   657  25 

Qualifications    653,   654,  672  24,  31 

Records,  school  visits  to  keep 640,  642  21 

Report  to  superintendent  of  public  instruction 649  23 

Salary  of,  not  paid  until  report  made  out 649,  652  23 

Seal   642  22 

Schools,  jurisdiction    :. ...  639  21 

in  special  districts   799  78 

visitation  of  640  21 

School  lands,  member  of  board  of  appraisers 183  13 

Teachers,  .meetings,  to  hold 641  21 

reports,  duties  regarding 748  58 

Teaching  not  to  engage  in  654,  657  24 

Term  of  office  of 638  20 

Tuition  fund,  apportions    647,  715  23,  45 

Vacancies,  fills  iri  office  of  director 728  51 

district  treasurer    728  51 

in  office  of.  how 727  51 

Who  not  qualified  to  vote  for 638  20 

COUNTY  TREASURER— 

Account  to  keep  with  school  corporations 719  47 

Board  of  adjusters,  member  of   725  50 

Board  of  arbitration,  member  of 731  52 

Bond  to  give  for  funds  from  sale  of  school  and  public 

lands   209  147 

Deaif  and  dumb  children,  collects  for  clothing  fur- 
nished      962  120 

District  treasurer,  performs  duties  of,  when 684  33 

Fees  entitled  to  for  collection  of  funds  from  sale  of 

school  and  public  lands 210  147 

Funds  due  independent  districts,  paid  to  treasurer, 

when 843  91 

Funds  paid  to  district  treasurer,  notice  to  be  given. .  718  47 

Institute  fund,  keeps  646 

Permits  to  cut  hay  or  sell  down  timber,  sells 228  353 

Taxes  collected  by,  for  district 720  47 

Tuition  fund,  reports  to  state  auditor 711  43 

election  of 711  43 

DEAF  AND  DUMB— 

Assessor  to  report  to  county  auditor 961  120 

DEAF  AND  DUMB  ASYLUM— 

Board  of  trustees,   appointment 952  118 

compensation   958  119 

duties  and  powers   956-  119 

funds,  control 955  119 

meetings   , 953  319 

members  to  take  oath   954  119 

officers   953  1 19 

duties 954  119 

organization 953  119 

quorum    953  119 

reports   966  121 


200  INDEX. 


DEAF  AND  DUMB  ASYLUM— Continued.—                    Section  Page 

Board  of  trustees,  term  of  office  953  119 

Children  required  to  attend 7.~>(.)  G2 

Clothing  for  children,  when  furnished   SMJii  120 

Faculty,  matron's  duties 905  121 

principal's  duties    .'.  964  121 

qualifications    9<!4  121 

salaries   9G4  121 

Location    951  118 

State  auditor  to  pay  over  funds  156 

Transportation  of    children    to,    when    provided  by 

county  commissioners  963  120 

Tuition  charged  non-resident  children 951)  119 

free   960  120 

DEBT  LIMIT— 

Debt  limit 818  83 

(See  also  bonds.) 

DEBTS— 

Independent  districts  assume  of  old,  out  of  which 
formed   855  95 

DEEDS— 

(See  Board  of  University  and  School  Lands.) 

DEPOSITORIES— 

Sinking  Fund,  how  designated   779  68 

DEPUTY— 

Commissioner  o'f  university  and  school  lands 181  137 

County  superintendent   652    . 

Superintendent  public  instruction,   (Note  30,  p.  149) 

DIPLOMA— 

(See  Normal  School.) 
(See  University.) 

DIRECTOR— 

Election   670  30 

Term <;70  30 

Vacancy  in  office  of,  how  filled 728  51 

DISTRICTS— 

Division  of,  into  special  and  common 71 

DISTRICT   CLERK— 

(See  Clerk  School  Board,  General  District.) 

DISTRICT  HIGH  SCHOOLS— 

(See  High  Schools,  High  School  Board.) 

DISTRICT  SCHOOL  BOARD— 

Action  against  for  permitting  funds  to  be  expended, 

when 709  42 

Apparatus  and  supplies  to  furnish 694 

Bonds  to  issue,  when    775  66 

Branches  of  study,  determines  what  additional   698  38 


INDEX.  201 


DISTRICT  SCHOOL  BOARD— Continued.—  Section  Page 

Census  to  take 707  42 

Closets  and  privies  to  furnish 874  100 

Contracts,  dismisses  teacher  for  violation  of 095  37 

Dictionary  to  furnish    <;(.)4  30 

District  high  school,  management  of 706  41 

District  treasurer,  action  on  bond  by 089  35 

Election,  called  by,  on  petition  to  establish  school..  703  39 

called  to  establish  district  high  school  700  41 

calls  to  vote  on  consolidation  of  schools 704  40 

called  by  to  vote  on  school  houses  and  sites.  . .  .701,  703  39 

Flag,  to  purchase 8(5.",  98 

General  duties 091  3G 

Liability  of  for  permitting  other  than  English  lan- 
guage to  be  taught 709  42 

Library,   may   establish,  and  pay  for  without  vote, 

when 094  3(> 

Meetings  of 081  33 

Officers  of oso  32 

Organization  of 080  32* 

Pupils,     assignment     and     distribution     of     among 

schools 090  37 

expulsion  of 097  38" 

non-resident,  may  admit (590  37 

suspension  of  097  38 

Quorum 079  32 

Real  property,  extent  of  to  hold*  and  title  to,  how 

acquired    702  39 

Records  of,  open  to  inspection  708  42 

Sinking  fund,  to  levy 771)  OS 

Schools,  authority  over 759  62 

fixes  terms '.  704  40 

may  discontinue,  when   704  40 

may  make  rules  and  regulations  for 097  38 

to  establish 092  36 

to  organize  on  petition,  when  703  •        39 

School  houses,  advertising  for  proposals  to  build  . . .  783  02 

may  permit  use  of,  when  700  38 

Stables  and  hitching  posts   43" 

Tax,  amount  of  levy  099  38 

levied  when 099,  721  38,    48 

may  abate 099  38 

Taxes,  refunded  or  corrected,  when  720  47 

Teachers,  to  co-operate  with 097  38 

to  employ 095  37 

Text  books,  free,  may  furnish Si;: I  97 

Treasurer,  settlement  with,  when  made 717  46 

Tuition,  may  charge  non-resident  pupils   090  37 

Vacancy  in  office  of 728  51 

Vacancy  in  office  of,  how  filled 728  51 

in  office  of  district  clerk,  fills  729  51 

DISTRICT  TREASURER— 

Accounts,  form  for  keeping 717  46 

Action  against  on  bond  commenced  by  whom  (Note 

13,  p.  140)    089  35 

Bond,  not  entitled  to  receive  money  when  not  filed.  .  714  45 

amount  of 084  33 


202  INDEX. 


DISTRICT  TREASURER— Continued.—  Section  Page 

Bond,  additional  when  required   685  34 

vacancy  in  office  when  failure  to  give  additional. .  685  34 

surety 685  34 

County  treasurer  acts,  when  684  33 

funds  not  payable  to,  when 718  47 

controlled  by 713  44 

Funds,  levied  by  board  of  arbitration,  receives 734  52 

Misdemeanor,  guilty  of  on  endorsement  and  payment 

of  warrants,  when 771  65 

Reports  published 686  35 

Salary  of 690 

Settlement  with,  when  made   717  46 

Sinking  fund,  liability  removed  on  depositing  in  de- 
positories    779  68 

Vacancy  in  office  of,  how  filled 728 

Warrants,  register  of  endorsed,  to  keep  687 

endorsement  of 687  35 

ELECTION— 

Board  of  education 808,  858  80,  95 

notice 809,  810  80 

Bonds,  for  voting  (see  Bonds)   776  66 

Certificates  of 677,  813  32,  81 

Consolidation  of  schools,  to  vote  on 704  40 

County  superintendent 638  20 

Date  of  annual 674 

District  high  schools,  to  establish 706  41 

How  conducted 676 

Independent  district,  date  of  833 

for  organization 828 

officers  of,  compensation   .  . ., 833 

votes,  how  canvassed 833 

Judges  of 675 

Library,  to  purchase 694 

Notice 674 

Notice  of  to  be  furnished  officer 677 

Oath 675,  678  31,  3 

Officers  of 670 

qualifications  of    672 

to  take  oath  811 

Penalty  'for  making  false  return   766 

Petition  for,  to  establish  district  high  school 706 

Polling  places,  how  established  671 

Polls  open,  when  673 

Qualifi'cations  of  voters 672 

Superintendent  of  public  instruction 622 

School  houses  and  sites  to  vote  on,  how  called,  can- 
vass   701,  703 

'Special  districts,  bonds 816 

for  organization  of 789 

returns,  hotw  canvassed 812 

to  become  general,  when   807 

tie  vote,  procedure   676 

Votes,  how  canvassed 676 

Who  not  qualified  to  vote  for  county  superintendent  638 

EMBEZZLEMENT— 

Officer,  when  guilty  of 769  65 


INDEX.  203 


EMINENT  DOMAIN—  Section  Page 

Right  of  (See  Property,  Real.) 

ENGLISH  LANGUAGE— 

Records  to  be  kept  in 709  42 

ENUMERATION— 

(See  Census.) 

EXAMINATION— 

\ppeals  from,  in  marking  of  papers 741  55 

Certificates  for,  when  held 740  55 

Questions  for  to  be  prepared  by  superintendent  of 

ipublic  instruction   626  18 

(See  also  Certificates  and  Teachers.) 

EXPENSES— 

Superintendent  of  public  instruction,  how  paid 637  20 

EXPERIMENTAL  STATION— 
(See  Agricultural  College.)* 

EXPULSION— 

Causes  for 697  38 

EQUALIZATION— 

(See  Board  of  Arbitration.) 

FACULTY— 

(See  Agricultlral  College,  University  of  North   Da- 
kota, etc.) 

FEES— 

Appeal  in  examination  papers  prescribed  for 741 

Certificate,   county   743                        57 

professional  and  normal,  how  used   739                       54 

County  treasurer   entitled  to   for  collection  of  funds 

from  the  sale  of  public  lands 210                      147 

School  and  public  lands  leased,  to  be  paid 234b                    155 

FELONY— 

Officer  making  false  election  returns  guilty  of 766  65 

FINES— 

Imposed  for  removing  furniture  from  school  house. .     700  38 

(See  also  Penalty.) 

FLAG- 
TO  be  furnished  each  school  865  98 

Penalty  for  not  complying  with  law  regarding  ....     865  98 

FORFEITURES— 
(See  Penalty.) 

FORM— 

County  auditor's  certificate  to  district  school  bonds  778  67 

District  treasurer's  accounts 717  46 

Election  board  of  education   .  810  69 


204  INDEX. 


FORM— Continued.—                                                              Section  Page 

Endorsement  of  warrants  C87  35 

Notice  of  tax  levy 721  48 

Notice  of  annual  election  .' (574 

Oath  for  election  officers 075  31 

FREE  PUBLIC  SCHOOL  SYSTEM— 

denned   IT 

FUNDS— 

Account  of,  how  kept   713,  845  44,    91 

Agricultural   college    939  113 

Bonds,  for'  redemption  of,  when  transferred   827  84 

Conductor  of  training  school  to  file  statement  with 

county  auditor   757  01 

County  treasurer,  to  pay,  when  718  47 

Deaf  and  dumb  asylum 955  119 

Defined 712  44 

District  treasurer,  when  paid  to 718  47 

Drawing  from  county  treasury,  unlawfully   70S  r»5 

How  paid  out  by  treasurer 080,  804,  845        35,    79,    91 

How  used 712  44 

Industrial  school 981,  983  128,    129 

Institute    040  22 

county  auditor's  duties   757  01 

county,  amount  arising  from  revenue  fund 757  01 

commissioners  may  appropriate  for  758  r>2 

•duties  of  county  auditor  regarding  040,  755  22,    01 

fee  for  county  certificate  paid  into 743 

how  expended   755,   757  01 

training  schools  may  be  used  for,  when 757  01 

what  constitutes 755,  757  01 

state,  appropriation  for   750 

Investment  of  special  school  district 84 

Normal  schools   912  110 

School  and  institution,  board  university  and  school 

lands  may  invest 170,  172  134 

consists  of,  what 215  148 

county  auditor  to  report,  when   211 

county  treasurer  to  give  bond  for,  when   209  147 

county  treasurer  to  verify  report  of  county  auditor    211  148 

damages  for  trespass,  paid  into 232  1 54 

duties  of  state  treasurer 174,  175  135,    130 

Sinking,  board  of  education  may  invest 820 

county  auditor  to  levy  tax,  when 781  70 

depositories  for,  how  designated   779  08 

interest  on 779  08 

Sinking,  levy  for 779,  819  80,    83 

842,  2488  90,    101 

State  lecturer,  appropriation  for  750 

Training  school,  fee  for  county  certificate  paid  into.     743 

Treasurer,  action  against  for  funds   770 

annual  statement  of,  to  publish  OSO 

Tuition,  county,  county  superintendent  apportions..     715 

state,  apportionment  of,  when  made   715 

districts  not  entitled  to,  when  71-4 

enumeration  necessary  to  share  in  714,  843  45,    91 

how  raised   710 


INDEX.  205 


FUNfDS — Continued. —  Section  Page 

Tuition,  state,  superintendent  of  public  instruction 

apportions 711,  71 4  43,    45 

University  of  North  Dakota Ssi_>  102 

Use  or  loan  of,  is  embezzlement  7r>(.»  15 

GENERAL  DISTRICTS— 

Account  with,  to  be  kept  by  county  treasurer 719  47 

Annexation  of  school  corporations  < \c>:\  27 

Boundaries,   changed  on  petition    000,  <;r,7  25,    29 

established  when,  how  .  . . '. 000,  007  25,    29 

not  changed  by  code   659  25 

rearranged  by  commissioners   660,  066  25,    28 

when  may  be  changed 007  29 

Civil  township  conforms  to  in  what  counties 051)  25 

formed  into,  when   667  29 

may  consolidate  into,  when   664  27 

County  commissioners  to  annex  parts  of,   to  other 

districts,  when .662,  663  26 

Contracts  let  on  proposals,  when  774  66 

legalized,  certain 669a  29 

Corporation  distinct  from  civil  township 659  25 

Designated  how   665  27 

District  high  school,  when  established  and  how  con- 
trolled      706  41 

Division  and  annexation  to  other  districts 062  26 

Election,  conduct  of,  and  canvass  of  votes (570)  32 

certificates  of  677  32 

judges  and  clerks,  appointment  of  671  30 

chosen,  how  675  31 

list  of  persons  elected  sent  to  county  superintendent  677  32 

notice  of  annual 674  31 

posted    671  30 

polling  places  to  be  designated   671  30 

polls  opened  when 673  31 

tie  vote,  procedure 676  32 

violation  of  law  relating  to,  penalty 766  65 

voters,  qualifications  of 672  31 

Funds   (See  Funds.) 

Furniture,  removal  of,  unlawful   700  38 

Indebtedness,  equalization  of  between  districts  ....  731  52 

how  adjusted  when  no  legal  school  board  exists. .  725  50 

taxes,  levy  to  pay  equalized  indebtedness 732  52 

maximum  levy,  to  pay  equalized 733  52 

proceeds  of  equalizing,  how  disposed  of 734  52 

Judgment,  tax  to  be  levied  to  pay 723  49 

May  become  part  of  special,  when 807  80 

Named  how   665  27 

New,  when  organized   661,  662  26 

Number  of,  not  changed  by  code   665  27 

not  to  be  increased 667  29 

to  be  reduced  666  28 

Officers   (See   Officers,  Treasurer,   Directors.   District 
Clerk.) 

Organization  of   660 

irregularities  in,  legalized 069a 

requirements  for 661  26 


206  INDEX. 


GENERAL,  DISTRICTS— Continued.—  Section  Page 

Plats  and  maps  of,  furnished  to  state  auditor 669  29 

Powers  as  a  corporation,  generally 668  29 

Pupils  admitted  from  other  districts  669  27 

enumeration  of,  annually 707  42 

new  district,  by  714  45 

School  township,  may  separate  from 660  25 

Territory  to  be  included  in  organization  of 660  25 

Tuition  funds,  entitled  to 715,  716  45,    46 

enumeration  of  pupils  necessary  to  share  in 714  45 

not  entitled  to  receive,  when  714  45 

Warrants,  certain,  legalized 669a  29 

indorsed,  when 687  35 

specify,  what  688 

What  constitutes  in  civil  township  658  25 

(See  also  Bonds,  District  School  Board,  Officers. ) 

GEOLOGICAL  SURVEY— 
(See  University.) 

GOVERNOR— 

Board  of  university  and  school  lands,  member  of.  . .  169  133 

Bond,  commissioner  of  university  and  school  lands, 

approves    170  134 

Member  high  school  board   867 

Normal  schools,  member  board  of  trustees 908  108 

Patents  to  issue  for  school  and  public  lands,  when. .  205 

School    and   public    lands,  reconveys  to  the  United 

States,  when 204 

Trustees  agricultural  college,  appoints  936 

blind  asylum,  appoints 968 

deaf  and  dumb  asylum,  appoints 952 

industrial  school,  appoints 976 

normal  schools,  appoints   909 

university  of  North  Dakota,  appoints  877 

Vacancy  in  office  of  superintendent  of  public  instruc- 
tion, fills   726  51 

GRADEIS,  TEACHERS— 

(See  Certificates.) 
GRADUATES— 

(See  Agricultural  College,  University  of  North  Da- 
kota, Etc.) 

HIGH  SCHOOLS— 

Aid  for  not  paid  to,  when 870  99 

how  paid   870  99 

to  receive  for  three  years  872  100 

Appropriation  for  classified 870  99- 

Board  of  education  establishes,  when 797  76 

Classification,  requirements  for 869  83 

District,  election  to  establish   706  41 

enumeration  requisite  to  establish  706  41 

how  established  and  maintained   706  41 

joint  706  41 

Pupils,  requirements  for  admission  to,  by  classified.  868  98 
Teachers  exempt  from  attending  institutes  and  train- 
ing schools   751  5O 


INDEX.  207 


HIGH  SCHOOL  BOARD—  Section  Page 

Aid,  prescribes  conditions  upon  which  granted  to 

schools  872  100 

Application  for  classification  by  schools 870  99 

Appoints  inspector,  when  870  99 

Assistant  examiner,  appoints  872  100 

salary  of 872  100 

Discretionary  powers  of  872  100 

Expenses  of 871  99 

Members  of 867  98 

Records,  to  keep 873  100 

Reports  to  make 873  100 

Schools,  classified,  visited  by  member  of 870  99 

HOLIDAYS- 
HOW  counted   749  58 

Teachers  entitled  to  compensation  for 749  58 

What  are  (Note  27,  p.  177)    5124,  5125  177,    178 

INDEPENDENT  DISTRICTS— 

Bonds,  issuance  of,  authorized  (see  Bonds.)   842  90 

Boundaries  of 831  87 

Cities  governed  by   828  86 

Debts,  assumed  by  new  district  855  95 

division  of,  when  special  district  abolished 862  96 

Elections,  date,  conduct  of,  canvass  of,  compensation 

of  officers 833  88 

Funds  how  kept  and  paid  out : 845  91 

when  paid  to  treasurer 843  91 

Organization  of 828  86 

election,  notice  of,  ballots,  etc 829,  830  87 

Organized  by  special  act,  abolished  when 860,  861  95,    96 

Ordinances  passed  by  city  council  for  care  of  prop- 
erty, etc 853  94 

Pupils,  non-resident,  may  be  admitted   848  93 

Property,  not  subject  to  liens 850  93 

real,  how  conveyed    851  94 

title,  vested  where   ". 850 

Taxes,  amount  of,  limited 841  90 

collected  how 840  90 

levy  to  pay  bonds  842  90 

Treasurer,   bond  of 844 

city,  of,  is  treasurer  of 843  91 

reports  to  board,  contents  852 

Tuition  funds,  entitled  to 715,  716  45,    46 

Water  closets  to  be  provided 874 

(See  also  Board  of  Education,  Bonds.) 

INDUSTRIAL  SCHOOL— 

Board  of  trustees,  accounts,  audits 981  128 

appointment 976  125 

bond   978  126 

bonds,  may  issue 980  127 

compensation   977  126 

contracts,  members  not  to  be  interested  in 979  127 

donations,  received  by   981 

faculty;  appoints   982  129 


:208  INDEX. 


INDUSTRIAL  SCHOOL— Continued.—  Section  Page 

Board  of  trustees,  funds,  duties 983  129 

meetings    977  126 

oath    978  126 

powers    981  128 

reports   983  129 

superintendent  of  construction,  appoints   979 

Bonds,  interest  on,  how  paid   980  127 

Buildings,  construction 978  126 

cost  limited 978  120 

deed  filed,  where 979 

proposals  for  979  127 

site   971) 

Endowment  of 975 

Faculty,  report  when  983 

•  Funds,  state  treasurer  keeps 981 

Location    074 

Management  876 

Objects   (<>74 

Sinking  fund,  created  how  ..:.-. 980 

INHABITANTS— 

District  may  be  formed  from  districts  containing  800, 

when G60 

INSTITUTES— 

Attendance  of  superintendent  of  public  instruction  034 

Conductor,  salary  of   .  .  v 757 

County  commissioners  may  aid   758 

County  superintendent  to  give  notice  of 751 

Superintendent  of  public  instruction  appoints  con- 
ductor    756 

(See  also  Teachers,  Funds,  Lecturer.) 

INTEREST— 

Warrants  endorsed  G87 

(See  also  Funds  and  Taxes.) 

JUDGES— 

(See  Election.) 

JUDGMENT— 

Taxes  levied  to  pay  721,  723  48,  49 

'LABOR— 

Child,  prohibited  when 762  64 

LAND  GRANT— 

Agricultural  college 949  115 

Blind  asylum,  proceeds  of,  appropriated 971 

Experimental   station 948 

Industrial  school 975 

Normal  school   906  108 

LAW— 

Department  of,  in  state  university  890  105 

Independent   districts    organized    under   special   law 

not  to  vote  for  county  superintendent 638  20 


INDEX.  209 


3LAW — Continued. —                                                                Section  Page 
Preserved  by  superintendent  of  public  instruction . .     623  18 
Teachers  in  cities  organized  under  special  law  ex- 
empt from  holding  certificates  742  56 

Secretary  of  state  furnishes  copies  of,  to  university    894  106 

LECTURER— 

Institute,  appointment  of 756  61 

LIBRARY— 

Appropriation  for  traveling,  establishment  of 625  18 

District,  list  of  books  for,  to  be  furnished  by  super- 
intendent of  public  instruction    625  18 

Educational,  state  appropriation  for   866  98 

LIGNITE  COAL— 

Schools,  to  use  (Note  30,  p.  179)   1030  179 

MAINTENANCE— 

of  state  educational  institutions   130 

MANUAL  TRAINING— 
(See  Industrial  School.) 

MAPS— 

Districts,  furnished  assessors   643  22 

To  be  filed  in  office  of  superintendent  of  public  in- 
struction         669  29 

MEETINGS— 

District  school  board,  regular  and  special 681  33 

(See  also  Elections.) 

METEOROLOGICAL  STATISTICS— 

University  to  tabulate 900  .      107 

MILITARY  SCHOOL 885  103 

MISDEMEANOR— 

Compulsory  law,  etc 760,  762  63,  64 

Contracts,  letting  of  without  advertising 774  66 

Speculation  in  office 767  65 

Warrants,   indorsement    and    payment    of    unpaid, 

when   771  65 

(See  Penalty.) 

MORALS— 

Instruction  in 754  60 

MORTGAGES— 

Board    of    university    and    school    lands   may   loan 

school  funds  on  172  134 

State  treasurer  custodian  of,  purchased  by  university 

and  school  lands v 174  135 

NARCOTICS— 

(See  Stimulants.) 
NORMAL  COLLEGE 885  103 

(See  also  University.) 


INDEX. 


NORMAL  SCHOOLS—                                                           Section  Page 

Board  of  management 907,  908                      108 

(See  also  Board  of  Management.) 

Board  of  trustees,  appointment  of 907,  909             108,  109 

commissions   910                      109 

compensation   911                      109 

course  of  study  to  adopt 913                      110 

faculty,  employs  and  fixes  salary  of 916                      111 

how  constituted • 908                      108 

meetings  of 911                      109 

oath  of  office 909                      109 

report,  to  make  to  governor 920                     111 

secretary,  election  of 910                      109 

salary  of 911                      109 

term  of 909                     109 

Buildings,  superintendent  of  construction  appointed 

by  board  of  management 914                      110 

Certificates,  normal,  granted  to  graduates  of,  when. .  738                        51 
Course  of  study  prescribed  by  supeirntendent  of  pub- 
lic instruction 627                        18 

Diploma  from,  equivalent  to  first  grade  county  certi- 
ficate    738 

Endowment 906 

Faculty,  duties  of 917 

principal  of 918 

to  make  report  to  board  of  trustees 919 

Funds,  state  treasurer  to  keep  separate 912 

Graduates  of  entitled  to  state  certificate,  when 922 

diplomas,  to  receive 921 

Location  of  905 

Maintenance 906 

Management  907 

Objects 913                     110 

OATH— 
Administered  by   county  superintendent  in   certain 

cases   645 

County  superintendent  (Note  2,  p.  172)   

Director,  to  take 678 

Election  officers,  by  whom  administered  675,  811 

Member  board  of  education  to  take 815 

Office,  where  filed  '• 689 

Trustees  industrial  school   978 

Trustees  blind  asylum 969 

Treasurer 684,  805,  844        33,    79,    91 

OFFICE — 

(See  titles  pertaining  to  officers.) 

OFFICER — 

Board  of  education,  how  chosen  794                        75 

County  superintendent  subject  to  removal,  when  .  . .  656                        25 
District  treasurer,  misdemeanor  in  neglect  of  duty  as 

to  warrants,  when   771                        65 

District,  notice  of  election  to  be  furnished 677                       32 

oath  to  take 678 

Embezzlement  of  funds 769                       65 

Felony,  guilty  of,  when   766                       65 


INDEX.  211 


OFFICER— Continued—                                                         Section  Page 

Meetings  with,  arranged  by  county  superintendent. .  643  22 

Penalty  for  neglect  to  perform  duties  of  office 765  64 

Penalty  for  failure  TO  enforce  compulsory  law 761  63 

Reports,  penalty  for  making  false 772  . .         66 

School,  reports  of  where  filed 642  21 

Speculation,  penalty  for  in  office 767  65 

OFFICERS— 

Director,  election 670  30 

term .*   670  30 

District  clerk,  oath  where  filed   689  35 

(See  Clerk.) 

District  school  board  679  32 

oath  where  filed   , 689  35 

president,  duties  of 682  33 

election  of  680  32 

salary  of 681  33 

District  treasurer,  bond  of 684  33 

bond,  additional 685  34 

where  filed 689  35 

duties 686,  687  35 

0-ath  for  election 675  31 

Treasurer,  election  670  30 

term 670  SO 

ORAL  INSTRUCTION— 

Teacher  to  give  in  what  branches 750  59 

PATENTS— 

(See  School  and  Public  Lands.) 

(See  Board  of  University  and  School  Lands.) 

PENALTY— 

Board  of  appraisers  subject  to  for  false  reports 183  138 

Certificate  revoked  when  teacher  neglects  instruction, 

in  physiology,  etc 648  23 

Compulsory  attendance,   prosecutions,   how  brought  764  64 

violation  of  law  of  . 760,  761  63 

County  superintendent,  removal  from  office,  when. .  656  25 

Delinquent  taxes,  how  applied   720  47 

Election  returns,  for  making  false 766  65 

Flag,  not  complying  with  law 865  98 

Member  board  of  education  refusing  to  qualify. .....  854  U4 

Money,  unlawful  drawing  of 768  65 

Officer,  neglect  to  perform  duties  of  office 765  \'A 

Ordinances,  relative  to  school  property 853  94 

Persons  employing  child  labor 763  04 

Physiology  and  hygiene,  neglect  to  teach  648  .        23 

Reports,  for  making  false  306,  772  158,  66 

School,  for  disturbing  773  66 

School    officers,    for  failure  to   provide   closets  and 

privies 874  100 

School  and  public  lands,  cutting  hay  before  July  1 . .  227  153 

cutting  or  removing  timber  from 225  152 

plowing  or  cultivating,  when  226  153 

trespass  upon 230,  231  154 

Teachers'  meetings,  failure  to  attend 641  21 


212  INDEX. 


PERMITS—                                                                            Section  Page 

County  superintendent  may  issue 741 

Limit  as  to  number  of 741                        55 

(See  Certificates.) 

(See  Commissioner  University  and  School  Lands, 
School  and  Public  Lands.) 

PETITION— 

Additional  school  term,  for 705                       41 

Bonds  (see  also  Bonds) 776                       66 

County   commissioners,   may  detach  territory   from 

special   districts    786                        73 

to  divide  districts  on 663                        27 

Districts,  boundaries  changed  on  667                       29 

Election  to  change  special  district  807                        80 

Election  to  organize  independent  district 828 

Not  applicable  to  organized  school,  when 703                       39 

Organization  of  district,  for 660                       25 

Special  district  to  organize  789                       74 

Text  books,  to  furnish   864                       97 

(See  also  Election,  School.) 

PLATS— 

County  auditor  to  furnish,  of  districts 669                       29 

POLLING  PLACES— 

First  election,  how  established 671                       29 

(See  Election.) 

PROPERTY— 

Exempt  from  execution,  lien 850                       93 

Real,  amount  of,  district  may  hold 702                        39 

for  what  used 702                       39 

title  -reverts,  when  702                       39 

title  vested  in  independent  districts 851                       94 

School  corporation  may  hold  or  use 668                       29 

Special  districts  pledged  for  payment  of  bonds 822 

Title  to  may  be  acquired  by  proceeding1  in  eminent 

domain   702                        39 

PUPILS— 

Classes,  assignment  to 753                       60 

Not  required  to  be  present  during  reading  of  Bible .  .  754 

Suspension  and  expulsion  of 697,  752                 38,  60 

797,  846                 76,  92 

Transportation  of  arranged  for  704 

Tuition  may  be  charged 696,  848                37,  93 

QUALIFICATIONS— 

County  superintendent 653,  672                24,  31 

Officers   672                       31 

Superintendent  of  public  instruction  622                       17 

Teachers 742                       50 

QUORUM— 

(See  titles  pertaining  to  Institutions  and  Board.) 


INDEX.  213 


RECORDS—                                                                             Section  Page 

Commissioner  university  and  school  lands,  to  keep . .  182  137 

To  be  kept  in  English  language 709  42 

REGISTER— 

Teachers,  what  to  contain  748  58 

REPORT— 

Biennial  of  superintendent  of  public  instruction.  .635,  636  20 

Board  of  education  to  make  to  county  superintendent  797  76 

Board  of  trustees,  agricultural  college,  to  make 945  114 

blind  asylum  to  make 973  125 

deaf  and  dumb  asylum  to  make 966  121 

university  to  make 903  108 

what  to  contain 883  103 

Commissioner    of    university    and    school    lands    to 

make  182  137 

County  superintendent,  what  to  contain  and  when 

made 649  23 

District  clerk  to  make 707  42 

District  treasurer's  published   686  35 

Faculty  agricultural  college  to  make 944  114 

High  school  board  to  make 873  100 

Industrial  school,  board  of  trustees  to  make 983  129 

faculty  to  make 983  129 

Normal  schools,  faculty  to  make 919  111 

trustees  to  make 920  111 

School  officers,  where  filed 642  21 

Teachers  to  make 748  58 

where  filed 642  21 

Treasurer,  independent  district  to  make   852  94 

Treasurer's  publication  of 717  46 

RESIDENCE— 

Certificate,  to  obtain 742  56 

RULES— 

Examination,  prescribed  by  superintendent  of  public 

instruction,  for 626  18 

SALARY— 

Commissioner  of  university  and  school  lands 180  137 

District  treasurer   690  36 

County  superintendent 652  23 

how  determined 652  23 

not  paid  when  649  23 

Deputy  county  superintendent   652  23 

Officers  of  district  school  board  681  33 

Superintendent  of  public  instruction   637  20 

Teachers,  ceases  on  discontinuance  of  school 704  40 

how  graded  695  37 

last  month's  not  paid  when 748  58 

SALES— 

(See  Commissioner  of  University  and  School  Lands, 
School  and  Public  Lands,  Board  of  University  and 
School  Lands.) 


214  INDEX. 


SCHOOL  AND  PUBLIC  LANDS—  Section  Page 

Abstracts  and  conveyances  of  title  to  be  deposited 

with  commissioner  of   214  148 

Appraisal 183  130 

equalization  of 218  150 

for  leases  218  150 

new,  when  made  195  143 

returns  of   218  150 

value  of  pasturage  208  146 

Appraisers,  who  are  members  of 183  138 

Assignee  of  purchaser,  rights  of  198  143 

Attorney  general,  duty  regarding  actions,  etc 233  154 

Coal  lands  cannot  be  sold 216  149 

Commissioner  of  university  and  school  lands,  duties 

regarding ]  82  137 

Contracts,  divided  when 199  143 

execution  of  191  141 

fees  for  issuance  of  new,  divided 199  143 

new  may  be  issued,  when 199  143 

new  not  to  issue,  when  199  143 

payments  on  to  county  treasurer 208  146 

surrender  of 199,  143 

Controlled  by  board  of  university  and  school  lands. .  170  134 

County  auditor  clerk  of  sale 190  141 

duties  and  compensation  for  leasings 221  151 

to  forward  receipts  to  state  auditor  of  collections.  211  148 
County  treasurer,  bond  to  give  for  funds  collected 

from  sale  of 209  147 

fees  entitled  to  for  collection    210  147 

remits  collections,  when 208  146 

permits  to  cut  hay  or  remove  down  timber,  sells. .  228  153 

Damages,  recovery  for,  how  disposed  of 232  154 

Examination  of,  by  assessors,  and  fees  for 213  148 

Fee  remains  in  state  until  contract  performed 202  145 

Hay  not  to  be  cut  from  before  July  1 227  153 

Lease,  adjournment  of 218,  223  150,    152 

advertisement  for  220  150 

approval  of,  by    board    of   university    and  school 

lands   224  152 

contracts  for 224  152 

cancellation  of,  for  cultivated   217a  149 

cultivated  lands 217,  217a  149 

expenses  how  paid 234 

fees  for  service 234b 

fees  paid  to  county  treasurer 234b 

forfeited  when 225,  226,  227  152,    153 

how  made 221  151 

lands  subject  to 217  149 

made  by  whom 221 

payments  on 222 

selection  for 219 

term  of  217,  217a 

when  forfeited 201 

when  may  be  made  without  advertising 224 

Lists  sold  to  be  furnished  county  treasurer 212 

Map  of  small  parcels  recorded  , 196 

Notice  to  purchaser  when  contract  void 200 


INDEX.  215 


SCHOOL  AND  PUBLIC  LANDS— Continued.—  Section  Page 

Patents,  record  of 206  146 

Patents  for,  when  and  how  issued  205  145 

Permits  may  be  sold    to    cut    hay    or  remove  down 

timber    228  153 

Purchaser,  rights  of  under  contract  197  143    . 

Quantities  to  be  sold  216  149 

Rconveyance  to  the  United  States   204  145 

Recovery  of  possession  by  state   203  145 

Redemption  from  forfeited   contracts    201  144 

Resale  of   187,  201  140,    144 

Sale,  adjournment  of  184,  188  139,    141 

confirmation    190  141 

contracts,  voidable  when   200  144 

county  auditor,  clerk  of 190  141 

expense  of,  how  paid 234  155 

funds  from,  what  go  into  general  or  current  fund  215  148 

lots   195  143 

manner  of    186  140 

principal  from,  held  inviolate    215  148 

publication  of  notice  of 185  140 

terms  of 187  140 

void,  when 192  142 

Seizure  and  sale,  property  unlawfully  severed,  when  231  154 

terms 187  140 

-withdrawal  of  lands  from  189  141 

Subdivided  into  small  parcels,  when  194  142 

Surveys  of,  expenses  of,  how  paid 193,  194,  195  142,    143 

Taxation  of,  after  sale  207  146 

Tax  sale,  purchaser  acquires  what  rights  by  certifi- 
cate of   207  146 

Timber,  lessee  not  to  cult  or  remove  lumber  from.  ..  225  152 

Title  in  state  until  contract  performed 202  145 

Trespass,  civil  action  for  229  153 

damages  for,  paid  to  state   treasurer  for  general 

fund    232  154 

penalty  for 230,  231  154 

sitate's  attorney  to  prosecute  when 233  154 

what  is  willful  230  154 

Trespassers  on  when  terms  of  contract  not  complied 

with    202  145 

Uncultivated,  penalty  for  plowing  or  cultivating. . .  .  226  153 

lessee  not  to  plow  or  cultivate  226  153 

(See  also  Board  of  University  and  School  Lands, 
Commissioner  of  University  and  School  Lands, 
Funds.) 

SCHOOLS— 

Alcoholic  drinks,  instruction  as  to  effects  of 648  23 

Bible,  not  sectarian  book 7o4  60 

Branches  of  study,  additional  determined  by  county 

superintendent  and  district  school  board  698  38 

in  schools  classified  by  high  school  board 80S,  869  98 

in  special  districts 750,  797  59,  76 

list  of,  to  be  taught 750  59 

Child  labor  prohibited  during  school  hours 762,  764  64 

Classification  as  high  school,  requisites  for 869  98 

Consolidation  of  704  40 


216  INDEX. 


SCHOOLS— Continued.—                                                      Section  Page 
Course  of  study  prescribed  by  superintendent  of  pub- 
lic instruction  for 627  18 

Discontinued   when    704  40 

Disturbance  of,  penalty  for  773  66 

District  high  school,  how  established  and  controlled  706  41 

District  school  board  to  establish  692  3fr 

District  school  board  may  discontinue 692  36 

.English  language  to  be  taught  exclusively 709  42 

Free  'text  books  may  be  furnished  for,  and  how.  .863,  864  97 

Health  and  decency,  regulations  for 874  100 

High  schools,  what  may  be  classified  as 868  98 

Holidays,  what  are  (Note  27,  pp.  177,  178) 5124,  5125  177 

Holidays  and  Sundays,  not  taught  on 749  58 

Libraries,  list  of  books  furnished  by  superintendent 

of  public  instruction   625  18 

circulating,  provided  how 625  18 

Lignite  coal,  to  use  (Note  30,  p.  179) 1030  179 

Notice  of  commencing,  given  by  teacher 746 

Organized  on  petition,  when   703  39 

Petition  to  organize,  when  not  applicable 703  39 

Physical  education  to  be  taught  in 754a  60 

Supervision   over   by   superintendent   of   public    in- 
struction     G23  18 

Supplies  to  be  furnished  for,  by  superintendent  of 

public  instruction 625 

Teacher  not  entitled  to  compensation  for  teaching 

on  legal  holidays  or  Saturday   749  59 

Visitation  of,  by  county  superintendent  640 

Water  closets  to  be  provided  for 874 

Who  may  attend  759 

SCHOOL  CORPORATION— 

Authority  of 668  29 

Territory  that  may  be  organized  into   660 

(See  also  Districts.) 

SCHOOL  FOR  DEAF— 

Children  required  to  attend    759  62 

(See  also  Deaf  and  Dumb  Asylum.) 

SCHOOL  HOUSE— 

District  school  board  may  allow  use  of,  when 700  38 

Election  to  establish  site  for 701,  703  39 

Penalty  for  removing  furniture  from,  a  misdemeanor  '  700  38 

Proposals  to  build,  advertisement  for   783  67 

Sites,  board  of  education  may  obtain 797,  846  76,  92 

obtained  by  district  school  board,  when 703  39 

title  to  how  acquired    702  39 

SCHOOL  LAW— 

To  be  provided  by  superintendent  of  public  instruc- 
tion     631  19 

(See  also  Law.) 

SCHOOL  OF  MINES   885  103 

SCHOOL  MONTH— 

Defined 749  58 


INDEX.  217 


SCHOOL  TERM—  Section  Page 

Increased  on  petition 705  41 

Length  of,  and  how  fixed  704  40 

Maximum  length  of 705  41 

Special  district,  maximum 797  76 

SCHOOL  TOWNSHIP    658,  659  25 

SCHOOL  WEEK— 

Defined  749  5& 

SCHOOL  YEAR— 

When  closes  749  58 

SEAL— 

Board  of  education 787,  838  74,  89 

County  superintendent 642 

Superintendent  of  public  instruction   633 

SECRETARY  BOARD  OF  EDUCATION— 

(See  Board  of  Education,  Independent  Districts.) 

SECRETARY  OF  STATE— 

Board  of  university  and  school  lands,  member  of .  . .  169  133 

Bond,  commissioner  university  and  school  lands, 

records 170  134 

Laws  and  supreme  court  reports,  furnishes  univer- 
sity   894,  895  10& 

SINKING  FUND— 
(See  Funds.) 

SITES— 

(See  School  Houses.) 

SPECIAL  DISTRICTS— 

Adjacent  territory,  how  attached  786  73- 

Board  of  arbitration 807  80 

Bonds  (See  Bonds,  Special  District) 

Cities  governed  by  law  relating  to 785  71 

Debt  limit   818  §3- 

Division  of   71 

Election,  board  of  education,  time,  notice,  etc. .'.'.808  810  80 

officers   811  81 

voting  precincts,  how  designated    811  81 

returns,  how  canvassed 812  81 

certificates  813  81 

to  become  general  district 807  80 

Equalization  debts  and  property   806  79 

High  school  established,  when  797  7fr 

Name   787  74 

Organization   789  74 

Powers  of   787  74 

Property,  conveyance  of,  made 788  74 

Records  open  to  inspection  796  76 

Schools,  open  to  whom 797  76" 

length  of  terms   797  76 

Tax  levy 801,  819  78,    83 

Taxes,   payable  to  treasurer   800  7S 


218  INDEX. 


SCHOOL  DISTRICT'S— Continued.—                                  Section  Page 

Taxes,  levy  certified  to  county  auditor 801  78 

property  subject  to 800  78 

Treasurer,  bond 805  .  79 

custodian  of  funds  798  78 

duties  804  79 

who  is 803  79 

Tuition  funds,  entitled  to  715,  716  45,  46 

STATE  AUDITOR— 

Deaf  and  dumb  school  certificates,  issues  when 966d  122 

Board  of  university  and  school  lands,  member  of . . .  169  133 

School  funds,  authority  to  draw  warrants  on 176  136 

Tuition  fund,  state,  duties  as  to 711  43 

reports  to  superintendent  of  public  instruction..  711  43 

Warrants,,  industrial  school,  draws 977  105 

to  draw  for  salary  of  institute  and  training  school 

conductor 757  61 

STATE  REFORM  SCHOOL— 

Erection  of  buildings   129 

STATE  TREASURER— 

Bond,  commissioner  of  university  and  school  lands, 

filed  with 170  134 

Bonds,  purchased  by  board  of  university  and  school 

lands,  custodian  of 174  135 

Funds,  permanent  school  and  institution  collects .  . .  175  136 

permanent  school  keeps   174  135 

Report  to  board  of  university  and  school  lands 175  136 

STATE  UNIVERSITY— 
(See  University.) 
(See  also  Branches  of  Study.) 

STIMULANTS   648.,   750  23,  59 

STUDIES— 

Assignment  of 753  60 

SUPERINTENDENT— 

Board  of  education  may  employ   797  76 

Schools,  supervision  of 799  78 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Appeals  from  county  superintendents,  decided  by.  ..  629  19 

forms  for  prescribed  by   629  19 

on  examination  papers   741  55 

general  authority  of 629  19 

Apportions  state  tuition  fund 711,  714  43,  45 

Board  of  university  and  school  lands,  member  of.  ..  624  18 

secretary  of 1 69  133 

Census,  prescribes  forms  for 707  42 

Certificates,  authority  to  revoke 739  54 

normal,  issued  by 738  54 

prepares  questions  for  examination  for   736 

professional,  issued  by 737 

County  institute  fund,  may  require  statement  of.  ...  758  62 

County  superintendent,  advised  and  counseled  by . .  629  19 

to  meet  with  .                                           632  19 


INDEX.  219 


SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION—Continued.—                                                        Section  Page 

County  superintendent,   to  report  to    649  23 

to  report  county  institutes  to  755  61 

Courses  of  study  prescribed  by   627  18 

Deputy,  appointment  of  (Note  31) 370  179 

secretary  of  board  of  university  and  school  lands, 

when   ]69  133 

District  libraries,  furnishes  list  of  books  for 625  18 

Duties  generally   634  19 

Election  of 622  17 

Endorses  diplomas  of  graduates  of  university,  when.  889  105 

Expense,  traveling 637  20 

Institute  conductors,  appointment  of  756  61 

lecturer,  appointment  of 756  61 

Institutes  and  training  schools,  prescribes  rules  for.  628  19 

Library,  state,  keeps  866  98 

Normal  schools,  member  board  of  trustees 908  108 

president  board  of  trustees  908  108 

Office  of  where  held 622  17 

Percentage  required  to  issue  county  certificates,  pre- 
scribes      741  55 

Qualifications  of   622  17 

Questions  for  teachers'  examinations,  prepared  by.  .  020  18 

Record,  official  acts  kept  by  630  19 

Report,  what  to  contain    635  20 

when  made  635  20 

Salary  of 637  20 

Schools,  supervision  of   624  18 

School  law,  duty  to  cause  printing  and  distribution 

of 631  19 

opinions  on,  to  give 629  19 

Seal  of  office  to  be  kept 633  19 

State  high  school  board  867  98 

Supplies  furnished  by 625       .  18 

Teachers,  examination  by 626  18 

institutes,  to  attend  and  assist  at 634  19 

reading  circle,  prescribes  course  cf  study  for 628  19 

Term  of  office   622  17 

Vacancy  in  office  of,  how  filled   : 726  51 

Text  books,  publishers  must  file  samples  and  prices.  863  97 

to  furnish  certified  copy  of  prices 863  97 

To  preserve  books,  maps,  etc 623 

Traveling  library,  to  approve  bills  for 625 

to  be  established  by   625  18 

•SUPPLIES— 

Furnished  by  superintendent  of  public  instruction. .  625  18 

-SUPREME  COURT  REPORTS— 

Secretary  of  state  furnishes  for  university 894  106 

SUSPENSION— 

Cause  for,  notice  of,  and  time 697,  752  38,  60 

TAXES— 

Board  of  adjusters  levies,  when  723  49 

Board  of  arbitration  levies  732,  733  52 

Board  of  education  levy  to  pay  bonds 801,  819  78,  83 

839,  842  89,  90 


220  INDEX. 


TAXES— Continued.—  Section  Page 

Collected,  how  and  when  720  47 

Collection  of  in  independent  district  840  90- 

County  auditor  to  extend  levy  for  judgments  on  tax 

lists 723  49 

County  tuition  fund 722  49 

Delinquent  prior  to  1899,  how  apportioned 722  49 

District  school  board  to  levy 699  38 

Independent  district,  amount  of  levy 841  90 

Judgment,  tax  to  be  levied  to  pay 723  49 

Levied  by  district  board,  when 721  4g 

Levy,  for  all  purposes  of  equalization,  maxim um ....  735  53 

for  sinking  fund 779.  819  68,  83 

842,  2488  76,  133 

to  be  certified  by  district  clerk 699  38 

to  pay  final  judgment 723  49 

Notice  of  levy,  form  of  721  48 

Poll,  levy  and  apportionment  of 722  49 

Rate  of  levy  721  48 

Special  districts 800,  801  78 

Uniform 723  49 

TEACHERS— 

Branches  to  teach 750  59 

Certificates,  applicants  for,  examined  by  county  su- 
perintendents    740  55 

examination  for    736  53 

fees  for  examination 739,  743  54,  57 

grades    741  55 

certificate  must  hold,  except  in  cities  organized  un- 
der special  laws    742  56 

in  special  district 797  76 

normal,  qualifications  requisite   738  54 

of,  revoked  for  cause  744  57 

or  permit  must  hold 695  37 

proceedings  to  revoke 745  5$ 

professional,    qualifications  requisite    737  53 

requisites    741  55 

revocation  for  failure  to  give  certain  instruction .  .  648  23 

revocation  of  terminates  contract 744  57 

Compensation  not  entitled  to,  when 747 

Contracts,  to  teach,  void  if  not  qualified 742 

District  school  board  may  dismiss  when  not  holding  695  37 

Duties  of 746,  747,  748,  750  58,  59 

Holiday,  entitled  to  compensation  for 749 

How  grades  of,   established    741  55 

Institutes  and   training  schools,   attendance   at,    re- 
quired    751  59 

penalty  for  failure  to  attend 751 

who  exemipt   751  59 

Meetings  of,  penalty  for  failure  to  attend 641 

to  be  held  for  by  county  superintendent 641 

when  excused  from  attending  . ". 641 

Permits  to  teach,  when  may  be  granted 741 

Pupils,  suspension  for  cause  752 

Qualifications  of   742  56" 

Report   to    make    in    duplicate    to    county    superin- 
tendent .                                               748  58- 


INDEX.  221 


TEACHERS— Continued.—                                                   Section  Page 

Register,  to  keep  748  58 

what  to  contain 748  58 

Salary  ceases  on  discontinuance  of  school 704  40 

Salaries,  how  graded G95  37 

School,  not  to  teach  on  legal  holiday  or  Saturday. . .  749  58 
to  give  notice  of  beginning  and  closing  to  county 

superintendent 746  58 

Who  not  eligible  in  certain  cities  859  95 

TEACHERS'  READING  CIRCLE— 

Fees,  collected  for  professional  and  normal  certifi- 
cates        739  54 

TERM— 

Office  of  county  superintendent 638  20 

Office  of  superintendent  of  public  instruction 622  17 

Special  district,  .maximum    797  76 

(See  Schools,  Officers,  Etc.) 

TERRITORY— 

.   District  extent  of,  to  form  661  26 

School  corporation,  that  may  be  organized  into  (Note 

7,  p.  173)    660  25 

TEXT  BOOKS— 

Boards  of  education  may  furnish  863  97 

Contracts  for 863  97 

District  school  board  may  furnish  free 863  97 

How  paid  for  864  97 

May  be  loaned,  or  sold  at  cost 863  97 

Petition  to  furnish  free  864  97 

Publisher  must  file  samples  and  prices  with  superin- 
tendent of  public  instruction  863  97 

TITLE— 

Real  property,  to,  how  acquired 702  39 

(See  Schools  and  Public  Lands.) 

TOWNSHIP- 
CM!,  may  be  organized  into  school  district 660  25 

Congressional  to  be  organized  into  district,  when. ..  667  29 

Consolidation  of  civil  into  district,  when 664  27 

TRAINING  SCHOOLS— 

County  superintendent  to  give  notice  of 751  59 

(See  Teachers,  Institutes,  Etc.) 

TRAINING  SCHOOL  FUND— 
(See  Fund.) 

TREASURER— 

Agricultural  college,  bond 937,  950  113,  115 

not  to  be  a  member  of  the  board 937  113 

Board  of  education,  treasurer  of  city 803  79 

Independent  districts,  funds,  how  kept  and  paid  out  845  91 

reports   852  94 

Reports,  made  how  and  when  717  46 

to  be  published 717  46 


222  INDEX. 


TREASURER— Continued.—                                                 Section  Page 

Reports,  to  show  what 717  46 

Special  districts 798 

bond  of 805  79 

duties  as  to  interest  coupons   821 

duties  of 804 

office  vacant,  when 805  79 

vacancy  in  office,  how  filled   805 

To  receipt  for  vouchers 717 

TRUSTEES— 

(See  Board  of  Trustees.) 

TUITION— 
District    school    board,    may    charge    non-resident 

pupils   696 

not  to  charge,  when 696  37 

non-resident  deaf  and  dumb  children 959  99 

TUITION  FUND— 

Apportionment  of 647  23 

County,  how  and  when  apportioned  722  49 

tax  levy  for 722  49 

Districts  entitled  to  715,  716  45,  46 

How  paid  to  counties 711  43 

Special,  transferred  to  state,  when 712  44 

what  constitutes   71 2  44 

State  apportionment  by  county  superintendent,  when  715  45 

apportionment  of 710,  711  43 

collection  of 710  43 

district  not  entitled  to,  when , 714  45 

special  fund  transferred  to   712 

unused,  reverts  to  state  treasury  when 711  44 

what  constitutes .710,  712 

Treasurers  to  keep  separate  account  of 711  43 

(See  also  Funds.) 

UNIVERSITY— 

Board  of  trustees,  compensation  of 891  105 

college  may  make  part  of 882  102 

faculty,   elects    881  102 

salary,   fixes    893  106 

finances,  control  of   882  102 

geological  map  to  be  caused  to  be  made 902  107 

geological  survey,  extent  of 898,  899  107 

how  appointed   876,  877  101 

meetings   879,  880  102 

meteorological  statistics  to  tabulate  900  107 

officers    878.  879  101 

powers  of 878  101 

quorum  879  102 

reports  to  make 883  103 

annual,  and  what  to  contain   883,  903  103,  108 

rules  and  by-laws 892  105 

specimens  to  collect 901  107 

Bonds... 133 

Certificates,  professional,  granted  to  graduates,  when  737 

purposes  to  be  used  712 

state  auditor  reports  amount,  when 711 

Certificates,  normal,  granted  to  graduates,  when ....  738  54 


INDEX.  223 


UNIVERSITY— Continued.—                                                Section  Page 

Departments  of 885,  890  103,  105 

Faculty,  powers  and  duties  of  884  103 

Graduates  entitled  to  endorsement  of  diploma 889  105 

Location   of    875  101 

Muskets  furnished  by  adjutant  general   896  106 

to  be  returned  when  called  for 897  106 

Normal    department,    diploma    from,    equivalent    to 

first  grade  county  certificate 738  54 

special  agreement  to  enter   892  107 

Object  of 885  103 

Scandinavian  language  to  be  taught  887  104 

Secretary  of  state  furnishes  laws  and  supreme  court 

reports   894  100 

Students,  who  may  become  888  105 

Tuition,  free  to  whom 890  105 

UNORGANIZED  TERRITORY— 

Pupils  residing  in,  when  not  to  be  charged  tuition. .  696  37 

UNORGANIZED   TOWNSHIP— (Civil)    659  25 

VACANCY— 

Appointments  to  fill  for,  how  long  valid 726,  727,  728  51 

County  superintendent,  office  of,  how  filled 727  51 

District  treasurer,  office  how  filled  728  51 

How  caused   730  51 

Office,  board  of  education,  how  filled 814,  834  81,  88 

director,  how  filled 728  51 

district  clerk,  how  filled   729  51 

district   treasurer,    on  failure  to   give  additional 

bond   685  34 

superintendent  of  public  instruction,  how  filled. .  726  51 

VALUATION 

Assessors  to  furnish  district  clerk,  when 724  50 

Amount  necessary  to  form  new  district 660,  661  25,  26 

VOTING— 

(See  Election.) 

WAGES— 

(See  Salary,  Teachers.) 

WARRANTS— 

Certain,  legalized  669a  29* 

District  treasurer,  when  to  endorse 687  35 

Endorsed,  when  to  pay 687 

Fund  on  which  drawn,  designated   688  35 

Interest  on  endorsed  687  35 

Misdemeanor,  endorsement  and  payment  of,  when. .  771  65 

Received  for  collection  of  taxes 719  42 

Specify  what 688  35 

When  drawn   688  35 

WOMEN— 

Eligibility  to  office 672  31 


